특정경제범죄가중처벌등에관한법률위반(횡령)
The defendant's appeal is dismissed.
In full view of the following: (a) the summary of the grounds for appeal (unfair sentencing) that the Defendant recognized a crime; (b) the Defendant took measures under the civil tax law to prevent substantial damage to the victim; (c) the Defendant used the funds of the victim company as the operating funds of another corporation; and (d) the Defendant does not enjoy personal benefits; and (e) the Defendant is suffering from brain color at present, it is unreasonable for the lower court to be sentenced to punishment (three years of imprisonment) too unreasonable.
Judgment
The crime of this case is an embezzlement of 1.6 billion won of the funds of the victim company that the defendant had been engaged in the business as the actual operator of the victim company by taking overall control of the business affairs, such as fund management, etc., and the crime of this case is highly poor.
Moreover, the damage caused by the instant crime was not recovered.
In addition, considering all the sentencing conditions in the records and arguments of this case including the background, content, means and result of the instant crime, Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court against the Defendant cannot be deemed unfair on the ground that the sentence against the Defendant was unreasonable (the circumstances alleged by the Defendant on the grounds of appeal appear to have been already considered in the sentencing of the lower court, and the lower court did not submit new sentencing materials to the extent that the lower court’s sentence is reversed in the trial at the first instance). Accordingly, the Defendant’s appeal is without merit, and it is so decided as per Disposition by the assent of all participating Justices.