업무상횡령등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for two years.
except that this judgment.
1. Of the facts charged against the Defendant, the lower court determined that each business embezzlement against the victim D, E, and F, and habitually quasi-Fraud against the victim E and violation of the Labor Standards Act is dismissed on the grounds of the judgment of the lower court, and held the Defendant as the dismissal of each public prosecution, and held the same as the case’s dismissal.
In addition, each of the crimes in paragraphs (1) and (2) has been convicted, and in addition, Article 1-B of the decision of the court below.
The court found each of the crimes in subsection (1) guilty.
However, only the defendant filed an appeal against the guilty portion of the judgment below, and the prosecutor did not file an appeal. Therefore, the dismissal of the above dismissal part of the judgment of the court below is reversed along with the conviction part in accordance with the principle of no appeal. However, the part of the judgment below is already dismissed from the object of the judgment due to the violation and defense between the parties.
Therefore, the scope of the judgment of the court below is limited to the guilty portion of the judgment below, and the dismissal of the above public prosecution shall be subject to the conclusion of the judgment below, and it shall not be judged separately in the trial.
2. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
3. Each of the instant crimes with regard to the grounds for appeal is not only the Defendant’s withdrawal of KRW 98,618,300, which was paid for those who have intellectual disabilities and their families, and use them for purposes other than the original purpose, but also the Defendant inflicted bodily harm on those students and their families, and the Defendant acquired pecuniary benefits by doing business for a long time without paying wages (which also amounted to KRW 44,286,40,00 based on the minimum wage) to their spouses. It is not very good that the crime is committed in light of the course and method of the relevant crime, period, and scale of the crime, and the relationship between the Defendant and the victims.
However, when the defendant was in the trial, all of the crimes of this case are led to confession, and his mistake is recognized, and the defendant partly damages the victims.