횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unfased and unreasonable.
2. Determination as follows: ① the victim invested the sum of KRW 927 million from September 8, 2008 to November 25, 2008 through the defendant to F, etc., with the purchase price of KRW 927 million; ② the defendant urged the defendant to pay the proceeds, etc.; ② the defendant newly received 100,000 won from the victim as the purchase fund of gold sampling under the above circumstances; the victim had already been likely to incur investment losses in the amount of KRW 927,00,00,000 from the above 10,000 to the above 10,000,000 won; ③ the defendant was able to receive 80,000,000 won from the above 10,000 won or the above 10,000,000 won from the above 10,000,000 won from the above 24,000,000 won (the above 2,000,0000 won).