횡령
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal asserts that the punishment (five million won of a fine) imposed by the lower court is too unreasonable.
2. The instant crime committed by the Defendant voluntarily consumed and embezzled KRW 15 million for personal purposes, which the Defendant kept for the victim.
However, the defendant recognized all of the crimes of this case, and made efforts to pay damages, such as paying back the victim the amount of the above embezzlement to the victim, etc., and the victim did not want to be punished by the defendant, and the defendant received 35 million won investment funds from the victim after receiving investment proposal from C, and the defendant paid 35 million won to C. However, as the defendant did not have to pay 35 million won investment funds, the defendant sought to return 15 million won, which is the amount of the embezzlement of this case, to the victim as he did not know due to the failure to receive the above series of circumstances, but the defendant and the victim want to return 15 million won, which is the amount of the embezzlement of this case. However, due to the failure to pay the above amount, the victim's criminal punishment for other crimes similar to the crime of this case, balance with the criminal punishment for other crimes similar to the crime of this case, and other various circumstances such as the defendant's age, character, character and environment, health status and family relationship, motive, circumstance, method, method, and result, etc.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
[Discied Judgment] Summary of facts constituting an offense and evidence recognized by the court and summary of the evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant Article 355 (1) of the Criminal Act and Article 355 of the Criminal Act concerning facts constituting an offense;