업무상횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of two years from the date this judgment became final.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.
2. Although the defendant's crime of this case is deemed to have been committed by embezzlement of company's public funds while serving as an accounting officer for the victim company, it seems that the crime of this case is deemed to be inferior to the quality of the crime. However, considering all of the sentencing conditions of this case as shown in the argument of this case including the defendant's age, character, environment, motive and background leading up to the crime of this case, the means and consequence of the crime of this case, there is no record of criminal punishment for the same crime, and there is no record of criminal punishment above the suspension of execution, the defendant reached the judgment, and the defendant reached the agreement with the victim. The scope of the recommended punishment on the sentencing guidelines of the Supreme Court for the crime of this case is not more than 10 months [basic crime: Type 1 of the crime of embezzlement and breach of trust (not more than KRW 100,000,000) - the amount of punishment is less than 10 months, and the defendant's assertion is justified.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;
1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act or more (the favorable circumstances in the above circumstances);