The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (two years and two months of imprisonment) by the lower court is too unreasonable.

2. The Defendant has the following disadvantageous circumstances:

The defendant has embezzled the transit amounting to KRW 300 million over three years in the course of business, and the crime is not good in light of the period of crime or the scale of embezzlement.

In the past, the defendant has been sentenced to punishment for occupational embezzlement, etc.

The actual victim of the instant crime can be said to be B Co., Ltd., and considerable part of the damage to B Co., Ltd. has not been restored.

However, there are the following favorable circumstances for the defendant.

The defendant recognized the crime of this case and is against the law.

Defendant repaid to the above B Co., Ltd. KRW 57,600 and approximately KRW 28 million.

In the first instance, the defendant did not want the punishment of the defendant in agreement with B corporation.

In light of the sentencing conditions as shown in the argument of this case, including the conditions favorable to the defendant as seen earlier, the sentence imposed by the court below was changed in the trial, resulting in the change of sentencing conditions, so far as it was unfair.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Various circumstances as seen in the relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act with respect to the selection of criminal facts (a comprehensive determination of imprisonment), as seen in the judgment on the grounds of the above appeal.