업무상횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.
2. The crime of this case is deemed to have embezzled public funds managed repeatedly over a considerable period of time while working as the occupation of the victim company, and the nature of the crime is deemed to be poor, and the amount of damage caused by the crime of this case reaches about 43 million won, etc. However, considering all of the circumstances that the defendant led to confessions and reflects all of the crime of this case, the defendant has no record of criminal punishment, the defendant deposited 28 million won for the victim (in addition, 13 million won at the trial), and the scope of the recommended punishment guidelines of the Supreme Court for the crime of this case [basic crime: Type 1 (less than 100 million won), type 1 (less than 100 million won), element of mitigation - amount of mitigation - amount of mitigation ] are 10 months or less of imprisonment, and the defendant's age, character, character, environment, family relationship, circumstances after the crime of this case, etc., the defendant's assertion that the court below's punishment is unreasonable is justified.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances in the above sentence);
1. It is so decided as per Disposition on the grounds of Article 62-2 (1) of the Criminal Act or more;