beta
(영문) 서울고등법원 2013.06.28 2012노4436

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The gist of the reasons for appeal is that the original court’s punishment (one year and six months of imprisonment) is too unreasonable;

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, prior to the judgment on the above grounds of appeal by the court below, the prosecutor changed the name of the crime from "violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)" to "occupational Embezzlement", "Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and Articles 356 and 355 (1) of the Criminal Act" to "Article 356 and Article 355 (1) of the Criminal Act", and "57,70,000 won" to "493,437,620 won", and "180,000,000 won" in the amount column 1 in the list of crimes No. 4 in the list of crimes to "150,000,000 won", and thus the court below's application for changes to the contents of the bill of amendment to the indictment by changing it to "145,720 won".

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's above assertion of unfair 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 as to this case is as follows: "180,00,000 won" in the 15th of the facts constituting the crime in the judgment below (2th of the judgment of the court below) as "150,000,000 won" in the 19th of the facts constituting the crime in the judgment of the court below; "57,700,000 won" in the 21st of the facts constituting the crime in the judgment of the court below as "193,437,620 won in total" in the 19th of the facts constituting the crime in the judgment of the court below as "180,000,000 won in the 1st of the crimes list in the judgment of the court below" in the 15th of the facts constituting the crime in the judgment of the court below as "150,000,000 won"; "2,000,000 won" in the 4th of the amount column in the crime list "147,70370.70."