특정경제범죄가중처벌등에관한법률위반(횡령)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. The decision of the court below on the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the above grounds for appeal, the prosecutor examined the name of the crime from the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) to the occupational embezzlement, respectively, the applicable provisions of the Act to Articles 3(1)2 and 355(1) of the Criminal Act to Article 356 and Article 355(1) of the Criminal Act, and applied for permission to change the bill of indictment by withdrawing part of the facts charged in the instant case which were prosecuted as a blanket crime, and since this court was subject to the judgment by permitting it, the judgment of the court below cannot
3. Thus, 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 Defendant, from September 2003 to November 2009, was an employee in charge of the business in the victim E (hereinafter “victim E”) located on the first floor of Mapo-gu Seoul Metropolitan D Building, who was engaged in the sales and collection of drugs of the said company.
From February 29, 2008 to October 16, 2009, the Defendant arbitrarily stored drugs equivalent to KRW 4,892,701 in the form of arbitrarily disposing of drugs to be supplied to the “S pharmacy” (hereinafter “S pharmacy”), which are customers of the victimized company, or the sum of the pharmaceutical proceeds equivalent to KRW 4,892,701, which are collected from the “S pharmacy”, for the victimized company, was embezzled by using them for the Defendant’s personal use, such as entertainment tavern investments, etc., during the course of business custody for the victimized company, and during the period from April 12, 2005 to December 11, 2009, as listed in the attached list of crimes, while carrying out business for the victimized company.