The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal by the defendant;

A. Regarding the mistake of facts or misapprehension of legal principles (1) with respect to the embezzlement of occupational embezzlement, all of the money deposited in each passbook in the name of the defendant in the original judgment is not the sales proceeds of the victim company, but some of them are deposited in the sales proceeds of alcoholic beverages paid by the defendant on behalf of the wholesale center or paid in advance on behalf of the wholesale center, etc. for the business performance or deposited the sales proceeds of alcoholic beverages paid in advance by the defendant in lieu of the wholesale center, etc. from the victim company, and the defendant used the money deposited in each passbook as shown in the facts charged.

Even if the victim company was damaged and the defendant was unable to gain profit, the court below found the defendant guilty of this part of the facts charged, misunderstanding facts or misunderstanding legal principles.

(2) In relation to the evasion of compulsory execution, the Gwangju Mine-gu S apartment No. 101 Dong 803 (hereinafter “the apartment of this case”) was sold in lots by the defendant, who is the defendant’s friendship, and is not the defendant, the court below found the defendant to have completed the registration of ownership transfer of the apartment of this case under the name of T for the purpose of evading compulsory execution from the victim company, on the premise that the remaining apartment of this case was the defendant, and found the defendant guilty of this part of the facts charged.

B. The sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and the prosecutor applied for changes in the indictment of evasion of compulsory execution as stated in the judgment of the court below to the same contents as stated in the following criminal facts. This court permitted this, and the court below changed the subject of the judgment.