The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,900,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (six months of imprisonment and two years of suspended execution) is too unreasonable.

2. In light of the fact that the Defendant withdraws KRW 12 million while managing the Research Council’s membership fees as the secretary of the Research Council and personally used them, the Defendant is required to be punished by strict punishment in light of the following: (a) the embezzlement amount is considerable in relation to the duties of public officials; and (b) the Research Council’s secretary is responsible for the fair management of membership fees; and (c) the nature of the crime is not good.

However, in full view of various circumstances, including the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, the Defendant’s punishment imposed by the lower court is unreasonable, in view of the following: (a) the Defendant has been recognized as committing the instant crime; (b) the Defendant has been discharged from the entire amount of damage including interest for a long time; (c) has served as a public official for a long time; and (d) has no record of having been punished in the same kind of crime or imprisonment without prison labor or heavier punishment, other than punishment for drinking, driving without a license, etc.; and (c) the Defendant has to retire from office in accordance with the law of a public educational official; and (d) other circumstances that are conditions for sentencing, including

3. In conclusion, the defendant's appeal is with merit, and the decision of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the arguments are reviewed as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;