업무상횡령
The judgment below
The remainder of conviction, excluding the rejection of an application for compensation order, shall be reversed.
Defendant shall be punished by imprisonment.
1. The lower court found the Defendant not guilty of the charge of embezzlement of KRW 33,941,124 of cash among the facts charged in the instant case and convicted the Defendant of the remaining facts charged.
Accordingly, only the defendant appealed against the guilty portion, and the prosecutor did not appeal against the innocence portion.
Therefore, since the judgment of the court below separately became final and conclusive, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The sentence of the lower court (six months of imprisonment) against the guilty part of the grounds for appeal is too unreasonable.
3. Determination of the instant embezzlement is not less than KRW 60 million and is disadvantageous to the fact that the amount of the instant embezzlement did not reach an agreement with the victimized company.
However, in light of the favorable circumstances, such as the confession of the Defendant as to the instant crime and the fact that the Defendant was guilty and reflects his mistake in depth, the fact that the Fidelity Guarantee Insurance Company paid approximately KRW 15 million to the victimized Company after the occurrence of the instant accident, and the fact that there is no criminal history, and the mother who is required to care for two children, and the fact that the payment of benefits was not made from time to time, which led to the embezzlement of the instant case, and that most of the embezzled money was used in living expenses, and other favorable conditions, such as the Defendant’s age, sex, occupation and environment, motive and circumstance leading to the instant crime, and the circumstances after the instant crime, etc., the Defendant’s argument is justified, and thus, it is recognized that the Defendant’s punishment is unfair.
4. In conclusion, the defendant's appeal is with merit. Thus, the part of the judgment below's conviction except for the dismissal of an application for compensation order among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again after pleading.