업무상횡령
All appeals by the defendant and the prosecutor are dismissed.
1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unaffortable and unfair, and the prosecutor asserts that it is too unaffortable and unfair.
2. Determination is against the Defendant’s intent to commit the instant crime, and there is no doubt that the Defendant was sentenced to a punishment exceeding the fine is favorable to the Defendant. Although the Defendant’s embezzled cell phone period reaches 76 units and the amount of the damage was not much considerable than KRW 65 million, the Defendant’s failure to recover the damage is disadvantageous to the Defendant.
If such circumstances are favorable or unfavorable to the defendant, the sentence of the court below exceeded the reasonable scope of discretion.
As can not be seen, the argument between the defendant and the prosecutor that the sentencing of the court below is unfair is without merit.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed as it is without merit.