업무상횡령
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. In light of the fact that the defendant is against the gist of the grounds for appeal, the motive and circumstances of the crime, etc., the punishment imposed by the court below (five million won of fine) is too unreasonable.
2. Determination of the amount of damage caused by the instant crime is an unfavorable circumstance to the Defendant, such as the fact that the amount of damage was not much 35 million won, and that the victim did not recover from damage until the trial.
However, there is room for consideration in relation to the motive of the crime, such as the fact that the defendant both recognizes the crime and reflects the depth of the crime, that the defendant is old, that the defendant is not suitable for the current economic situation, that the defendant seems to use the relevant regulations for other purposes, and that the use is strictly limited as it appears to be useful for other purposes, etc.
In this context, considering the various circumstances shown in the records and arguments, the sentence imposed by the court below on the defendant is somewhat inappropriate.
3. As such, the defendant's appeal 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.
Criminal facts
The summary of the facts charged and the evidence recognized by the court are as stated in the corresponding column of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;