횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.
2. The Defendant’s embezzlement due to the instant crime does not have a substantial amount of embezzlement, and the Defendant did not reach an agreement with the victim, etc., was in violation of the Defendant’s perception of the Defendant’s mistake through confinement for more than two months. The total sum of the lease fees due to the Defendant’s unpaid as of July 11, 2013 is 4,20 million won, which is considerably different from the value of the instant team (1.4 million won). The Defendant committed the instant crime to purchase other uses. The Defendant paid lease fees for each month after the instant crime was committed, and it appears that the Defendant would be unable to pay lease fees any more due to the Defendant’s default by the trader. In full view of the circumstances and circumstances after the instant crime, there were no criminal records beyond the fine, and there were no criminal records beyond the fine, and the Defendant’s age, character, conduct and environment, etc., and all of the circumstances revealed in the instant case’s sentencing and oral proceedings, the lower court’s judgment is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;
1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62 (1) of the Criminal Act (a favorable consideration of the grounds for reversal);