업무상횡령
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and two months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (one year and two months of imprisonment) by the lower court is too unreasonable;
2. The following points for determining the Defendant’s assertion are the circumstances unfavorable to the Defendant.
The amount of embezzlement is about KRW 120 million.
As the victim did not reach an agreement with the victim, the victim wanted the strict punishment of the defendant.
On the other hand, the following conditions are favorable.
The defendant's mistake in the trial is recognized and reflected in the trial.
The defendant made efforts to recover damage by depositing KRW 100 million for the victim in the trial.
There is no record of punishment for the defendant as the same kind of power and sentence.
In addition, considering the circumstances leading to the instant crime, circumstances following the instant crime, Defendant’s age, character and conduct, environment, etc., various sentencing conditions shown in the records and arguments of the instant case, and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Commission (a period of six months to two years of imprisonment) / [the scope of recommended punishment] types 2 (a period of not less than 10 million won to less than 50 million won) (a period of six months to 6 months) (a period of special mitigation) mitigated area (a period of less than 6 months), etc., the lower court’
3. Where a defendant files an appeal against a conviction by examining ex officio the part of the judgment of the court below regarding the compensation order among the judgment below, pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the compensation order shall be transferred to the appellate court along with the defendant case.
The lower court issued a compensation order to the Defendant to pay KRW 120,428,82 to the applicant for compensation.
However, the defendant deposited KRW 100 million for the applicant for compensation who is the victim, and the applicant for compensation paid it. According to the deposit document, only the name is the agreement amount, and it includes whether part of the embezzlement is repaid or not as a civil compensation.