업무상횡령등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court against the Defendant is too unreasonable.
2. According to the ex officio determination records, the court below should have attempted to serve or communicate with the Defendant’s actual domicile “Tgu Suwon-gu M” and mobile phone number “N” as indicated in the investigation records (283 pages), but it is recognized that the lower court made a decision by publication without taking such measures.
Therefore, the lower judgment was unlawful because it did not meet the requirements for service by publication.
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 above assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: (a) the phrase “the date, time, and place of the offense” in the attached Table No. 39 through 44 of the Criminal List (2) as indicated in the judgment of the court is changed to each “ June 12, 2012,” and the phrase “the Defendant’s trial statement at the trial” is added to each “the summary of the evidence” as stated in the judgment of the court below; and (b) it is cited as it is in accordance with Article 369 of the Criminal Procedure Act, since it is the same as the corresponding column of the judgment of the court below.
Application of Statutes
1. Relevant Articles 356 and 355(1) of the Criminal Act for the crime concerned, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act for each of the following facts:
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (No. 2, 4 through 13, 16, 21 through 26, and 29 are the crimes of uttering of each of the above investigation documents listed in the annexed Table No. 1, 3, 15, 19, 20, 34 through 37 of the same Table, each of the crimes of uttering of each of the above investigation documents listed in the annexed Table No. 14, 18, 27, 28, 30 through 33, and 38 of the same Table, each of the crimes of uttering of the above investigation documents listed in the annexed Table No. 39 through 43 of the same Table, each of the crimes of uttering of each of the above investigation documents listed in the original judgment;