업무상횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.
2. Ex officio determination
(a) Several business embezzlements;
It is reasonable to view that the act of occupational embezzlement of this case is a single crime when it is recognized that the legal interest of damage is single, the form of crime is identical, and that it is a series of acts due to the realization of a single criminal intent (see Supreme Court Decision 2005Do3929, Sept. 28, 2005, etc.). (b) In this case, the health class and the act of occupational embezzlement of this case are embezzled by using the funds kept by the defendant for personal purposes of a clan as the chairperson of the victim clan, and the victim is the same, the means and method of the crime are the same, and the date and time of each act are adjacent to each act, and thus, the act of occupational embezzlement of this case is deemed to be a single crime.
It is reasonable to view it.
Nevertheless, the court below held that each of the instant occupational embezzlements in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.
Therefore, the court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of judgment.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) (including comprehensive) of the Criminal Act concerning criminal facts, the grounds for sentencing of sentence of imprisonment with prison labor;
1. The scope of the recommended sentence [the scope of the recommended sentence] The basic area (4 months to 100 million won) (4 months to 1 year and 4 months) of embezzlement and breach of trust
2. The defendant who made the decision of sentence shall commit the crime;