업무상횡령
The judgment below
The part against the Defendants is reversed.
Defendants shall be punished by imprisonment for six months.
except that this shall not apply.
1. The summary of the grounds for appeal that the court below sentenced the defendants to each punishment (six months of imprisonment) is too unreasonable.
2. The crime of this case is deemed to have been committed by the Defendants by selling more than KRW 66 million through KRW 74 million during one year or one year and embezzled by selling them to others during the commission of the crime of this case. However, in light of the amount of damage, period of the crime, and method of the crime, etc., the Defendants are not guilty. The Defendants recognize and reflect their mistake, the Defendants do not want the punishment of the Defendants by mutual consent between the victim company and the victim company. Defendant B did not have any specific criminal record except for the punishment imposed twice due to the violation of the Road Traffic Act. Defendant C was the primary offender, and other circumstances such as the degree and gains of the Defendants’ participation in the crime of this case, Defendant C’s age, age, sex, environment, motive, circumstance, means and consequence of the crime, and circumstances after the crime. In full view of all the records and arguments, it is deemed that the judgment of the court below is unfair to sentence each Defendants.
3. Thus, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged against the Defendants and the summary of the evidence recognized by this court are identical to each of the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The Defendants: Articles 356, 355 (1), and 30 of the Criminal Act (in all cases, referring to the choice of imprisonment, with prison labor) concerning criminal facts;
1. Defendants on a suspended sentence: Article 62(1) of the Criminal Act (the conditions in favor of the Defendants as seen earlier);