특정경제범죄가중처벌등에관한법률위반(횡령)등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
. Prosecutors;
1. The summary of the grounds for appeal against the Defendants (a two-year imprisonment, a three-year suspension of execution, a one-year imprisonment, and a two-year suspension of execution) are too unfluent and unreasonable.
2. Determination:
A. The lower court’s part 1 against Defendant A, and each of the instant crimes against Defendant A (hereinafter “C”) is against Defendant C.
The court below held that the defendant A was punished for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Economic Crimes"), by comprehensively taking account of the following: (a) the defendant A has no record of criminal punishment except for punishment once a fine is imposed; (b) the amount of annual allowances and retirement allowances of KRW 14 million was remitted from his personal account to C; and (c) the amount of damage was offset against the amount of damage of KRW 14 million by C (Cheongju District Court 2012No. 1970); (d) the amount of damage caused by the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) appears to have been recovered to a considerable extent; (e) the amount of damage caused by the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement); (e) the amount of damage was not recovered to the defendant A; and (e) the amount of the defendant A's embezzlement and the amount of the victim's embezzlement.