업무상횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The reasoning for the appeal (one year and two months of imprisonment) of the lower court is too unreasonable.
2. The crime of this case in light of all the circumstances, such as the status of the defendant, the period of the crime, the circumstances leading up to the crime, and the scale of damage, etc., as the case where the defendant, as the representative of the victim company or a person in charge of accounting affairs, arbitrarily consumeds the total amount of KRW 49 million and embezzled.
However, the Defendant did not have any record of punishment before committing the instant crime.
The detention of the defendant can involve excessive economic difficulties for the family members, due to the family members who need support, such as the elderly and the two children, etc.
The defendant has contributed to the victim company and has received the investigation in this case, and paid the victim company KRW 160 million.
Above all, when the defendant was in the first instance, he was led to the crime of this case, and the defendant given up all retirement allowances, etc. to the victim company and paid 150 million won to the victim company, and agreed to pay 30 million won to the victim company, and also agreed to pay the remaining amount (the defendant overcomes the company's crisis by investing 496 million won of personal funds).
The defendant, however, has invested the above money in the record;
There is no evidence to see the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, and other circumstances that form the conditions for sentencing as indicated in the record, such as the circumstances after the crime, it is recognized that the lower court’s punishment is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.
[Judgment which is used again] criminal facts.