The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

[Judgment on the Reasons for Appeal] The defendant asserts that the sentencing of the court below (one hundred months of imprisonment) is too unreasonable, while the prosecutor asserts that the sentencing of the court below is too uneasible and unfair. The prosecutor argues that the sentencing of the court below is too uneasible.

However, there are circumstances unfavorable to the Defendant, such as the fact that the total amount of damage of the victim C corporation due to the crime of occupational embezzlement in this case exceeds KRW 12,8410,00,000, and the Defendant uses intelligent acceptance methods such as destroying Chapter 134 of the detailed statement of transactions owned by the victim corporation to be delivered to the trader to conceal the embezzlement.

However, in the court below, the defendant paid a total of 59 million won to the victim company, and waivers of the claim for retirement allowances, etc. to the victim company equivalent to about 23 million won in the court below, and agreed to pay the victim company in installments in the future, and there is no criminal record exceeding the same criminal record and fine, admission of errors and reflects on the fact that the defendant lives in custody for three months in the case, and all other circumstances that are the conditions for sentencing in this case are considered, the court below's sentencing is too unreasonable.

As such, the appeal by the defendant is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the appeal is again decided as follows.

(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed.”

Application of Statutes

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