업무상배임등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence of two-year suspended sentence is too unhued and unfair in eight months of imprisonment sentenced by the court below.
2. The sentencing guidelines recommended for the determination fall within six months to two years.
The defendant does not have the same surname.
The total amount of damage caused by occupational embezzlement was deposited.
The amount of damages caused by occupational breach of trust is equivalent to the total amount of the construction cost, but as long as the construction work is actually conducted, the profits actually acquired by the defendant seems to be much less than this. Since the victim company entered the civil procedure against G Co., Ltd., and G deposited the provisional attachment order with KRW 2.5 million, it seems that a significant amount of damages can be recovered according to the result of the lawsuit.
In full view of all the circumstances, such as the Defendant’s age, character and conduct, environment, background leading to the instant crime, and circumstances after the commission of the crime, etc., even if agreement with the victim was not reached between the victim and the victim, the sentence imposed by the lower court is too uneasible and unreasonable.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.