횡령등
All the judgment below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is subject to the sentencing (the first instance court: Imprisonment with prison labor for six months, the suspension of execution for two years, and the second instance: four months and the suspension of execution for two years);
2. The first and second original judgments are sentenced to each of the judgment below, and the defendant filed an appeal against each of the above two appeals cases, and this court decided to hold concurrent hearings. Since each of the crimes of the first and second original judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and it is reasonable to sentence one punishment pursuant to Article 38(1) of the Criminal Act, the first and second original judgments cannot be maintained as they are.
3. If so, the judgment of the court of first and second trials on the grounds of the above ex officio reversal, without examining the defendant's assertion of unfair sentencing, all of the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is again decided as follows.
[Discied Reasons for the judgment of multiple court] Criminal facts and summary of evidence recognized by the court is identical to those stated in the corresponding column of the first and second original judgment.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant provisions of the Criminal Act, Articles 355 (1) and 140 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of fines;
1. A person who has a reason for sentencing under the former part of Article 37, Articles 38(1)2, and 50 of the Criminal Act among concurrent crimes: A mitigated person, such as the confession, the victim E(s) test, the fact that there is no significant criminal liability in light of the background and method of each of the crimes of this case, the amount of damage to embezzlement, etc., as well as the circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account all the factors indicated in the sentencing of this case, such as character and behavior, environment, motive for the crime, and the circumstances after the crime.