업무상횡령
The defendant's appeal is dismissed.
1. The court below rejected the application for compensation of the applicant, and since the applicant cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part of the court below's rejection of the above application for compensation in the judgment below is excluded from the scope of the trial
2. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e.g., imprisonment for a period of eight months) is too unreasonable.
3. The Defendant recognized the facts charged and opposed to the mistake.
In the trial, additional 1.3 million won was paid to the victim, and the sum of KRW 40 million was paid to the victim.
In 2016, the defendant needs to support two children and invertebrate so that he/she suffers from vertebrate so far.
There is no record of punishment of a defendant who has been punished for the same crime or of a fine exceeding that of a fine.
However, since the crime of this case was committed by the Defendant in charge of the management of funds for a long time, the crime of this case was committed by embezzlement of the company's funds by taking advantage of the trust relationship with the victim company for a long time, and its liability is heavy in light of the circumstances and methods of the
The amount of damage caused by the instant crime is not small, and even though the damage was recovered from more than half, the amount of damage remaining exceeds KRW 30 million.
The defendant was unable to receive a letter from the victim company.
In addition, taking into account the various circumstances, including the Defendant’s age, character and conduct, motive and background of the offense, and circumstances after the offense, etc., the sentencing of the lower court cannot be deemed unfair because it goes beyond the reasonable scope of discretion, even when considering the circumstances alleged by the Defendant.
The defendant's assertion of unfair sentencing is without merit.
4. Thus, the defendant's appeal is without merit.