The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (five million won of fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, prior to the judgment on the grounds for appeal, Paragraph 2 of the facts charged by the prosecutor was examined as follows, and the prosecutor applied for changes in the indictment with the name of the crime changed from “misappropriation” to “Embezzlement”. Since the subject of the judgment was changed by this court’s permission, the judgment of the court below was no longer maintained.

[Revised charges] On October 14, 2009, the Defendant: (a) leased 11 computers, monitors 20, traffic cards 11, and Mas 11 from H and the above companies at the same place as before and after the end of October 14, 2009; and (b) concluded a lease agreement with the Defendant to acquire ownership when full payment of rent is made for 24 months.

After November 18, 2009, the Defendant leased 2 computers from H and the above Company 2, monitoring 21, traffic card 375,148 won monthly from H and the above Company at the same place as before and after November 18, 2009, and entered into an additional lease agreement with the Defendant to acquire ownership at the time of full payment of rent for 24 months.

The Defendant, on February 22, 201, embezzled the Defendant’s arbitrary disposal of the aforementioned computer and its main body 13, monitoring 41, traffic card 13, and 11, which is equivalent to the total market value of 24,364,170 won for the victim.

3. Accordingly, 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 the facts charged and evidence against the defendant recognized by this court is to change Paragraph (2) of the original judgment into the facts charged.