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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. From February 9, 2010 to June 18, 2014, the prosecutor of the judgment ex officio: “The Defendant consumed the total amount of KRW 85,238,517 in mind, which was deposited in the account in the name of the Defendant for the victim from February 9, 2010 to June 18, 2014,” as stated in the daily list of crimes in the separate sheet of crimes; “The Defendant used the total amount of KRW 85,238,517 in daily goods kept in the office for the victim from February 9, 2010 to June 27, 2017,” and the court below was no longer subject to the judgment below’s amendment to the amendment of the Act, which became no longer subject to the judgment below.
3. Therefore, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows.
[Judgment] The Defendant, from January 5, 2009, served as a person in charge of accounting at “F” operated by the victim E in Chuncheon City from around January 5, 2009, as a person in charge of accounting, and has been engaged in the duties such as collection and disbursement of goods.
On February 9, 2010, the Defendant received 80,000 won from the F Office as the price for goods from the customer to the Agricultural Cooperative account under the name of the Defendant, and used it for the victim’s business. Around that time, the Defendant spent it for personal use, such as living expenses, in the Japan-si Seoul Special Metropolitan City.
The Defendant was deposited from around that time to June 27, 2017 to the account in the name of the Defendant by the same method over 224 times from a day in Chuncheon City to a total of 224 times, as shown in the list of crimes in attached Table.