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 two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. The judgment of the court below is the amount of KRW 40,150,000 (115 pages of the trial record) discharged on October 11, 2018, which was written by the court below in the judgment of the court below, that the defendant committed a crime against all of the criminal acts in the first instance trial, and that the amount of KRW 50,150,000 (115 pages of the trial record) is omitted.
It is favorable to the defendant that the repayment has been made and that the repayment has been made in addition to KRW 209,650,000.
The fact that the defendant has committed a crime continuously for two years and eight months while working as the employee of the victim company, the amount of damage is considerably larger than 30 million won, and the fact that the defendant did not agree with the victim company is disadvantageous to the defendant.
In full view of the aforementioned circumstances and the motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court is deemed to be too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below. Thus, all of them are cited 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, the choice of imprisonment for a crime;
1. The sentence shall be determined as per the Disposition, taking into account the various circumstances as seen earlier prior to the reasons for sentencing under Article 62(1) of the Criminal Act.