횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The lower court found the Defendant guilty of the embezzlement of KRW 437,793,20 out of KRW 1,641,724,50, among the facts charged in the instant case, of KRW 1,641,724,50, and found the Defendant guilty of the remainder of the facts charged in the instant crime, and sentenced the Defendant to imprisonment for a year and six months.
Therefore, since both the Defendant and the prosecutor appealed on the grounds of unreasonable sentencing as to the guilty part of the judgment of the court below, the remaining conviction part of the judgment of the court below as to the acquittal part of the reasons was judged in the trial, and it was exempted from the object of public defense among the parties, so the judgment of the court below as to the acquittal part of the reasons is without merit and it
2. Summary of grounds for appeal;
A. The lower court’s punishment is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
3. We examine the reasoning of the judgment and the prosecutor together.
Of the embezzlement of this case, the Defendant paid approximately KRW 900 million to the victim company as the normal personal seal transaction price in addition to this case, and most of the remaining embezzlements have not been used individually; the Defendant led to confessions and mistakes in the trial at the court below; the Defendant deposited KRW 5.1 million for the victim company; the Defendant agreed with the custodian of the victim company where rehabilitation procedures commenced in the trial at the court below; the Defendant was punished as a fine for property damage around 1977; and the Defendant did not have any other criminal power as well as the Defendant was punished as a fine for fraud at around 2012.
On the other hand, the crime of this case is likely to be committed by the defendant's arbitrary consumption of the price for the consignment sale owned by the victim's company, and by arbitrarily disposing of sugars, and embezzlement of approximately KRW 1.27 billion.7 billion.