특정경제범죄가중처벌등에관한법률위반(횡령)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal of the defendant (unfair sentencing) by the court below (one year of imprisonment) is too unreasonable.
2. The method of crime and the nature of crime are very bad by arbitrarily transferring the deposits of customers kept by the defendant as an employee of a financial institution, using them, issuing a written confirmation of balance with false entries to the customer, and concealing the crime.
The amount embezzled by the defendant over a long-term period exceeds 4.9 billion won, and the actual amount of damage is also very large.
Nevertheless, the amount paid by the Defendant to the damaged company is not more than KRW 100 million, and the amount that the Defendant acquired by deception from the victim I also reaches KRW 100 million.
However, the circumstances favorable to the defendant include the fact that the defendant recognized all of the crimes of this case and is in profoundly against the defendant, and that the defendant has no criminal history, etc.
In addition, the defendant's age, sexual conduct, environment, family relationship, motive, means and result of the crime, circumstances after the crime, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (Embezzlement of 50 million won but less than 5 billion won) (special sentencing factors): where the applicable law for the crime is extremely poor (the scope of recommended punishment) [the range of punishment] where the applicable law for the crime is extremely poor, it shall be deemed that the court below's punishment is unfair in light of all the circumstances of the argument of this case, such as the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement of Sentencing of Sentencing of Sentencing of Sentencing of Sentencing of Sentencing of Sentencing of Sentencing of 100 million won and less than 50 million won] types 2 (the scope of recommended punishment), 3 years but less than 4 years and less than 8 years (the scope of recommended punishment): the punishment of Sentencing of Sentencing of Sentencing of the basic crime).
Therefore, the defendant's argument of sentencing is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit.