특정경제범죄가중처벌등에관한법률위반(횡령)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The decision of the court below on the summary of the grounds for appeal (two years of imprisonment) is too unreasonable.
Judgment
A favorable circumstances: The defendant is recognized to commit a crime, and is in profoundly against the defendant.
The defendant has reached an agreement with the victim's species for the first time, and the victim's species wished to have his wife against the defendant.
The family members of the defendant also want to take the action against the defendant.
The crime of this case shall take into account the equity between the crime of violation of the Labor Standards Act as stated in the judgment of the court below and the crime of this case committed concurrently in the relation of concurrent crimes after Article 37 of the Criminal Act.
D. Disadvantageous circumstances: From October 2004, the defendant was responsible for the general affairs of the victim clan, and the chairperson of the victim clan who trusted the defendant and other general affairs are in custody of the defendant when he withdraws money from the victim clan account. On June 29, 2009, the defendant withdrawn KRW 529 million from the victim clan account and operated it.
D used as the operating fund of the construction corporation.
However, from October 1, 2007 to May 31, 2012, the Defendant did not pay the total of 27,653,300 won of wages and retirement allowances of retired workers while serving in D Construction Co., Ltd., and was indicted for violating the Labor Standards Act, and was sentenced to a suspended sentence of two years on August 28, 2013.
In 2011, the defendant discovered the embezzlement of the defendant and urged the defendant to repay the defendant, but the defendant did not comply with it.
When the Defendant was sentenced to a sentence by the lower court and was detained in court, the Defendant agreed with the victim’s species. The content of the agreement shall be immediately paid KRW 30 million, and shall be paid KRW 20 million until December 31, 2017, and the remaining KRW 479 million shall be paid at least KRW 50 million every year from the end of 2018, and the Defendant’s debt shall be paid at least KRW 50 million, and it shall be jointly and severally guaranteed by the JJ, a corporation that is operated by I and I as the representative director.