횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Ex officio determination
(a) Several embezzlements;
Even if the legal interests from damage are uniform, the form of a single crime is identical, and if it is recognized that the series of acts is due to the realization of a single criminal intent, it is reasonable to view that each of the instant embezzlement acts is a single crime (see, e.g., Supreme Court Decision 2003Do6738, Oct. 27, 2004). (b) As to the instant case, the health class and each of the instant embezzlement acts arbitrarily consumed the monthly difference equivalent to the victim’s interests held by the Defendant for the victim, and the victim is the same, and the means and methods of the crime are the same, and each of the instant embezzlement acts continues at regular intervals and is deemed to be a series of acts arising from the realization of a single criminal intent, and thus, each of the instant embezzlement acts is deemed to be a single crime.
It is reasonable to view it.
Nevertheless, the court below held that each of the embezzlement acts of this case is a concurrent crime under the former part of Article 37 of the Criminal Act.
Therefore, the court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of judgment.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 355 of the Criminal Act and Article 355 of the Criminal Act and the choice of punishment for the crime;
1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the following sentencing grounds) is that the Defendant has a substantial amount of shares of the victim several times from the injured party.