특정경제범죄가중처벌등에관한법률위반(횡령)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for a period of three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) is too unreasonable.
2. The instant crime committed by the Defendant, in collusion with B, who is his subordinate staff, was committed by deceiving another person with the authority to approve the deposit, and then embezzled by using the money as entertainment expenses, living expenses, etc., and was not suitable in terms of the method of crime and the nature of the crime. It is a large amount of disadvantage that the amount of damage exceeds KRW 770 million in total.
However, there is no criminal history against the defendant, B, an accomplice, out of the amount of damage, paid KRW 102,970,50 to the court below, and the defendant paid KRW 144,253,50,000 to the court below, and the defendant paid KRW 263,00,000 to the court below, and the victim company did not want criminal punishment against the defendant.
In addition, the defendant's age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, and the scope of the recommended sentencing guidelines (two to five years) set by the Supreme Court's sentencing committee (types: 2 to five years): 5 years [specific sentencing factors] basic area [where the Act on the Punishment of Embezzlement is extremely poor: Reduction factors: Suspension of execution [main reasons] in cases where the Act on the Punishment of Offense is considerably poor: Suspension of execution in cases where significant damage is considerably poor: Reduction of punishment: Reduction of sentence [general reasons] in cases where a significant damage is considerably poor: Reduction of positive role as a negative accomplice: The positive role as a positive accomplice: In full view of all the sentencing conditions shown in the records, such as the circumstances after the crime is clear, serious reflects, and no criminal record beyond the suspension of execution, etc., the court below's punishment is too unfair due to the above change of circumstances.
Recognized.
3. If so, the defendant's appeal is justified.