업무상횡령등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too uneased and unreasonable.
2. The crime of this case is concurrent with the crime of embezzlement in the course of business by arbitrarily disposing of the total market value of about 19 million won of the 31 mobile phone market prices, which the defendant had been entrusted for sale in the Damage Settlement Co., Ltd., and by forging and using a private document under the name of many other persons for a long time, and by taking out a mobile phone under his/her name, and acquiring approximately KRW 21,00,000,000,000, which is the sum of the installment payments to be used for mobile phone devices and communication fees to be used for mobile phone devices. It is not good that the crime is committed in light of the period of
Even if the defendant's opening of his/her mobile phone in another person's name results from the purpose of subsidizing more subsidies to customers than other sales stores, this is ultimately the defendant's attempt to obtain more personal profits by receiving more fees from the communications company or by raising sales of the mobile phone, and in that process, the defendant's criminal liability is not less than that of the defendant considering that the person who stolen the name was urged to pay the installments and communications fees to be provided by the communications company due to the opened mobile phone between the person and his/her knowledge, and the person who stolen the name was urged to pay the bills and communications fees to be provided with property as well as the mental suffering.
There is no agreement between the victims and the defendant, and there is no circumstance that the defendant makes any effort to recover damage.
In the same crime, the same crime was repeated without any reflection despite the fact that there was a history of punishment of fine twice.
In the process of the trial of the court below and the trial of the party, the circumstances after the crime are not good.
In addition, the records and arguments of this case, such as the background of the crime of this case, the age, character and conduct, and environment of the defendant.