업무상횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
The defendant against C Co., Ltd. who is an applicant for compensation.
1. The gist of the grounds for appeal argues that the defendant is deemed to be unfair because the punishment imposed by the court below against the defendant is too unreasonable (six months of imprisonment), and the prosecutor asserts that the above punishment is too uneasible and unfair.
2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the prosecutor applied for changes in the indictment to the "employee of the victim B Co., Ltd. in the second instance of the indictment against the defendant." Since the above court permitted this, the judgment of the court below was no longer maintained.
3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is again decided as follows, without examining the grounds for ex officio reversal of the judgment of the defendant and the prosecutor.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment of the court in addition to the change of "the employee of the injured party B" in Section 2 of the facts charged to "the employee of the injured party C Co., Ltd." to "the employee of the injured party C Co., Ltd.," and therefore, they are cited in accordance
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);
1. Reasons for sentencing under Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;
1. The scope of applicable sentences: Imprisonment for one month to ten years;
2. Scope of the recommended sentencing criteria; and
(a) Determination of types: One type among the group of embezzlement and breach of trust crimes (less than 100 million won);
(b) A special person: There is no elements to mitigate or increase punishment;
(c) Scope of recommendations: Imprisonment with prison labor for up to four months up to one year and four months; and
(d) Criteria for suspension of execution: