횡령
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds for appeal is too unreasonable that the penalty imposed by the court below on the defendant (three million won of a fine) is too unreasonable.
2. In light of the motive and background leading up to the crime of this case, the defendant's motive and circumstance before and after the crime of this case, the defendant's age, character and conduct, environment, occupation, family relation, etc., the defendant's punishment imposed by the court below is somewhat unreasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. A fine of three million won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse (amount of KRW 100,000 per day);
1. Article 59 (1) of the Criminal Act ( normal consideration in favor of the aforementioned parties):