특정경제범죄가중처벌등에관한법률위반(횡령)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for a period of four years from the date this judgment becomes final and conclusive.
1. Summary of the grounds for appeal by the prosecutor and the defendant: The sentence of the court below on the defendant on the grounds of unfair sentencing (two years and six months of imprisonment) is too minor or unreasonable.
2. The Defendant, according to a contract with the victim, embezzled a life room, etc. owned by the victim, which was kept on duty, and the value of which is approximately KRW 70 million.
As a result, the victim's business was suffering from serious financial difficulties and caused significant damage to the victim.
However, the defendant has no record of punishment for the same kind of crime.
Although the Defendant lodged an appeal by misunderstanding of facts or misunderstanding of legal principles, the Defendant’s position was changed in the process of the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the time exceeding 10 months, and instead instead,
In addition, at the beginning, the victim requested that the victim be punished by the severe punishment. However, in the trial, the victim was agreed smoothly with the victim, and the victim was present at the trial date of the decision, expressed his/her intention to directly take the action against the defendant.
Furthermore, the defendant seems to have made a serious effort to sell the apartment in which family members live and recover the damage additionally.
Considering the change of these circumstances and other factors indicated in the instant argument, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the scope of recommended sentences in the sentencing guidelines of the Supreme Court Sentencing Committee (two to five years of imprisonment), it would be more desirable to give the Defendant an opportunity to return to his family’s character and engage in normal social activities, instead of being isolated from society for a long time, rather than being isolated from society for a long time.
Therefore, the defendant is sentenced to three years of imprisonment.