The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by imprisonment for one year.

(b).

The appellate court's punishment against the Defendants (two years of imprisonment, and one year and eight months of imprisonment) is too unreasonable.

Judgment

The crime of this case is very poor in light of the means and methods, period of the crime, the amount of damage, etc., and the defendants' liability for the crime of this case is also heavy.

However, the Defendants recognized the crime of this case in the past when they were in the judgment of the court, and against the victim, and the victim did not want punishment against the Defendants by making repayment of money corresponding to the victim and by mutual agreement.

In full view of the aforementioned circumstances, the lower court’s punishment against the Defendants is too unreasonable, taking into account the following circumstances, i.e., the Defendants’ age, occupation, sex, environment, family relationship, health status, criminal history and contents thereof, attitude in investigation agencies and courts, crime quality, motive, means and consequence of the crime, and circumstances after the crime.

Therefore, the part of the judgment of the court below against the Defendants is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the appeal by the Defendants is again decided as follows after pleading.

[Re-written judgment] The criminal facts of the Defendants and the summary of the evidence acknowledged by the court below are identical to the corresponding column of the judgment below, except for adding “1. The first instance court testimony of Defendant A and B” to “a summary of the evidence” of the court below’s judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 356, 355(2) and 30 of the Criminal Act, and each choice of imprisonment

B. Defendant B: Articles 356, 355(2), and 30 of each Criminal Act (a crime of occupational breach of trust), Article 356 of each Criminal Act, Article 355(1) of the Criminal Act (a crime of occupational embezzlement), and Article 355(1) of the Criminal Act (a crime of occupational embezzlement), and the Defendants who aggravated punishment of concurrent crimes of imprisonment: the former part of Article 37 and Article 38 of each Criminal Act.