특정경제범죄가중처벌등에관한법률위반(횡령)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for two years from the date this judgment becomes final and conclusive.
From March 206 to October 24, 2012, the court below found the Defendant guilty of the charge of occupational embezzlement of KRW 118,286,30,00 in total under the name of executive officers and employees, salary and retirement allowances, liquor expenses, transportation cards, entertainment expenses and welfare expenses, etc., and found the Defendant not guilty of the charges of KRW 18,286,30 in total under the name of non-business activities of the victim E company (general crime). From around 1, 207 to December 2, 2012, the court below found the Defendant not guilty of the charges of KRW 7,424,430 in total under the name of salary and retirement allowances for Y from March 20, 206 to October 24, 2017, 1 to 37, 207, 37, 694 through 697, 697, 701 through 737, 7737, 717, 7747
However, as examined below, the defendant appealed against the guilty portion of the judgment of the court below. The prosecutor appealed against the part of the judgment of the court below that embezzled the sum of KRW 31,856,898 in the above dispatch equipment, vehicle expenses, welfare expenses, travel expenses, travel expenses, expendable goods expenses, entertainment expenses, etc. (the above part of the judgment below), while the prosecutor did not appeal against the part that embezzled the sum of KRW 7,424,430 in the above Y's wages and retirement allowances (the above part of the judgment below).
Ultimately, the part of the previous Supreme Court's decision that the prosecutor did not appeal is found to have been exempted from the object of public defense among the parties, because the prosecutor's remaining guilty part in the relation of a single comprehensive crime and the part of the reasoning for which the prosecutor filed an appeal was found not guilty.