횡령
The defendant's appeal is dismissed.
1. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the substance of the grounds for appeal in this case’s sentencing conditions.
2. The fact that the Defendant first commits the instant crime and recognized the instant crime is favorable to the Defendant.
However, in full view of the following: (a) the amount of damage caused by the instant crime is equivalent to KRW 58,900,000 and the amount of damage has not been recovered; (b) there is no change of circumstances that may be considered in the sentencing from the pronouncement of the lower judgment to the trial; and (c) the Defendant’s age, motive, background, means and consequence of the instant crime; and (d) various circumstances, including the Defendant’s age, motive and consequence of the instant crime; and (e) the outcome of the application of the sentencing guidelines of the Sentencing Commission,
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.
(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the phrase "the end of December 2014" in Part 5 of the decision of the court below shall be corrected as "the end of December 2013".