업무상횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.
2. Ex officio determination (Changes in Indictment) The prosecutor applied for changes in indictment to partially alter the facts charged at the trial court, and since this court permitted this and changed the subject of the adjudication, the judgment of the court below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed and it is again decided as follows.
Criminal facts
The summary of the judgment of the court below as follows and the summary of the evidence is identical to the corresponding column of the judgment of the court below, except for the alteration of the crime list into the annexed crime list, and the crime list is replaced with the annexed crime list. Thus, it is cited in accordance with Article 369 of the Criminal Procedure
The judgment below
Criminal facts
The Act and subordinate statutes shall apply from January 10, 2013 to 20 million won on March 22, 2013, 2013, a total of KRW 280,000,000,000,000,000,000 for two pages after the amendment, from March 22, 2013 to 4,00,000 won.
1. Grounds for sentencing under Articles 356 and 355(1) of the Criminal Act of the relevant Article of the Criminal Act concerning the facts constituting an offense (or, collectively, the choice of imprisonment);
1. Scope of applicable sentences under law: One month to ten years of imprisonment;
2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations], the basic area and the scope of recommendations], and April through April 14 months.
3. Determination of sentence: The accused recognizes and reflects the commission of a crime.
There is no history of crime exceeding the same criminal record or fine.
However, there is a little amount of damage.
In the case of embezzlement in the victim company, the victim company's damage claim due to embezzlement and the defendant's unpaid benefit claim are offset and the defendant does not want to punish the defendant.