The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

1. The lower court’s imprisonment with prison labor (four years of imprisonment) against the accused as to the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio the judgment on the grounds for appeal ex officio.

The judgment of the court below recognized the defendant's crime of occupational embezzlement as criminal facts and omitted the application of the law and the choice of punishment in the "application of the law". There is an error of law that affected the conclusion of the judgment due to a mistake in the application of the law.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 356 and Article 355 (1) of the Criminal Act concerning criminal facts, as well as Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the choice of punishment is made;

1. Article 35 of the Criminal Act among repeated crimes: Provided, That the proviso to Article 42 of the Criminal Act shall apply to the crime of larceny;

1. From among concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope prescribed in the proviso to Article 42 of the Criminal Act with heavy penalty);

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment: Three to twenty-five years of imprisonment;

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for a period of three years to six years.

A. Basic crime: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) [General Sentencing] mitigated elements: serious reflectivity [the scope of recommending punishment].