횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence of the court below (10 months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
In the case of multiple embezzlements, when it is recognized that the legal interest of damage is a single, that the form of crime is identical, and that it is a series of acts due to the realization of a single criminal intent, a single crime is established in combination.
Therefore, the defendant's act of embezzlement of this case by providing two vehicles leased from the victim on the same day to a third party as collateral, and embezzlement of two vehicles of this case, and it can be seen as a series of acts due to the same type of crime and the expression of single criminal intent, which is a single crime relation.
Nevertheless, the court below determined the applicable sentencing range by deeming each embezzlement of this case as having a substantive concurrent relationship. Thus, the court below erred by misapprehending the legal principles on the number of embezzlement, which affected the conclusion of the judgment.
In this respect, the judgment of the court below is no longer maintained.
3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 35(1) of the Criminal Act and Article 355(1) of the Criminal Act regarding criminal facts, and the defendant's reasons for sentencing choice of imprisonment are recognized and reflected in the crime.
The victim recovered one vehicle.
Other previous crimes than those of which suspended sentence was imposed due to the crimes of this paper in 2004.
On the other hand, embezzlement.