횡령
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant denied the crime in the lower court, but all facts charged were recognized and considered in depth, and it is thought that the Defendant, not planned to commit the crime of this case, intends to temporarily use and return the trend of distribution and the sales proceeds without delay.
In light of the circumstances that prevent the victim from returning the sales proceeds due to the failure to implement other contracts properly, or the fact that the defendant had no particular criminal record other than the two fines, the punishment imposed by the court below (4 months of imprisonment) is too unreasonable.
2. The fact that the accused does not have any particular criminal record except for a fine imposed due to violence or violation of the Labor Standards Act, or that the accused recognizes and reflects the crime with the court at the same time is favorable to sentencing.
However, in light of the Defendant’s age, character and conduct, environment, motive, means, consequence, circumstance after the crime, etc., it cannot be determined that the sentence imposed by the lower court is unreasonable to the extent that the sentence imposed by the lower court should be reversed.
Defendant’s assertion is without merit.
3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition