업무상횡령등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.
2. It is recognized that the Defendant had a record of fine and punishment for suspended execution on several occasions due to the same kind of crime, etc., the total amount of damage of this case is higher than KRW 180,000,000, and no agreement has been reached with some victims up to the trial.
However, when the defendant was found to have committed each of the crimes of this case for more than five months, and was detained for more than five months, and there was an agreement with some victims, and a separate civil procedure is being conducted (the Changwon District Court 201Gadan887 and Jinju support 2012Gahap1787 and 1781) with other victims (the Changwon District Court 201Gadan887 and Jinju support 201), so it is possible to settle part of the amount of damage according to the result of the lawsuit, and the defendant is not healthy due to urology and high blood pressure in the age of 76 years, and other all of the sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and result of each of the crimes of this case, the punishment of the court below is deemed to be unfair.
3. Accordingly, the defendant's appeal of this case is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
The substance of the facts charged and the summary of the evidence recognized by this court are as shown in the corresponding column of the judgment of the court below, except where the "P" in Part 9 of the judgment of the court below is "M" as stated in the corresponding column of the judgment of the court below. Thus, it shall be cited as it is in accordance with Article 369
Application of Statutes
1. Relevant Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement), Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement), and Article 355(1) of the Criminal Act (the point of embezzlement), the choice of imprisonment with labor.