업무상횡령등
The part on Defendant A and the second judgment of the court of first instance shall be reversed.
Defendant
A is a job for which judgment is made.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.
B. Of the judgment of the court below of fact-finding No. 2, in relation to the crime of fraud against the victim C and the LAF, Defendant A had a claim for the amount of KRW 184 million with respect to the Z with respect to which Defendant A had operated Y at the time of receiving an increase of the supply from the above victims, and the Z was supplied by paying the price for supply to the above victims on behalf of the above victims. Since the Z did not pay the price for the goods to the above victims, there was no intention to commit fraud.
With respect to fraud against the victim J, 4 million won out of the purchase price of the vehicle received from the said victim shall be returned, and the remaining 7 million won shall be bound by the vehicle that had been returned, and thus, the vehicle cannot be returned. Since the defendant S could not move the vehicle on the wind to dispose of the vehicle, it shall not be considered to have been acquired through deception.
In relation to the crime of fraud and false entry of the victim L, Defendant A was unaware of the fact that the bill discounted by the victim L was not settled within the due date, and as he was capable of recovering the bill, there is no intention to commit fraud.
In addition, Defendant A’s issuance of a promissory note with P to the form of endorsement by the R business operator in the column of endorsement of the promissory note issued by Q from P, without knowing that the name plate was forged, the said promissory note is handed down to L.
Nevertheless, the second original judgment which found Defendant A guilty of all the charges of this case is erroneous in misunderstanding of facts.
(2) As to each judgment of the court below on unreasonable sentencing, each of the original judgments (one and half years of imprisonment with prison labor of the first judgment and one million won of fines, and ten months of imprisonment with prison labor of the second judgment) is too unreasonable.
C. The sentence against Defendant A at the second judgment of the court below of the prosecutor (unfairness) is too unfilled and unreasonable.
2. The defendant.