업무상횡령
The defendant's appeal is dismissed.
1. The sentence imposed by the court below on the summary of the reasons for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.
2. The crime of this case was committed while the defendant had been in custody of the money received from the victims for investment, and the embezzlement amount exceeds KRW 110 million,00,000,000,000,000. The court below determined the punishment in consideration of the fact that the defendant agreed with the victims, and the fact that the defendant faithfully performed the conditions at the time of the agreement cannot be viewed as changes in circumstances to be newly considered in sentencing. In full view of all other circumstances, the defendant's age, sex, environment, circumstances, details of the crime, and circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.