업무상횡령등
The guilty part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.
As to the first and second crimes against the defendant.
1. Summary of grounds for appeal;
A. (1) Defendant (1) cannot be deemed as false in the contents of the written complaint prepared by Defendant D, and it is erroneous in the judgment below that found Defendant guilty of this part of the facts charged even though it did not constitute a crime of false accusation since the above facts of accusation itself was not constituted as a criminal offense since the status of custodian was not recognized to D. The court below erred by misapprehending the facts
(2) The punishment of the original judgment (No. 2 years of imprisonment and imprisonment of no. 1 year and no. 2 years, and imprisonment of no. 4 months) is too unreasonable.
B. The court below rejected the credibility of the prosecutor's (1)'s statement despite its credibility, and rendered a not-guilty verdict on this part of the facts charged. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.
(2) The punishment of the judgment of the court of first instance is too unfeasible and unfair.
2. Determination
A. Upon ex officio determination, the first and second court rendered a separate hearing with respect to the defendant as to the first and second crimes as to the first and second crimes in the judgment of the court below, the first and second court sentenced to imprisonment with prison labor for 2 months, 1 year and 10 months, and 4 months, and the defendant filed an appeal against the first and second appeals cases in the judgment of the court below, and the court of the first and the second judgments of the court of the court of the court of the court below decided to jointly examine the second two appeals cases. Since the remaining crimes in the first and second judgments of the court of the court of the court of the court of the first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be imposed within the scope of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act, all the judgment below against the defendant shall be reversed in that they cannot be exempted.
As seen above.