횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (e.g., e., e., e., e., e., 38 years of the first offense; the Defendant’s mistake and reflects the Defendant’s wrong recognition; the Defendant’s old age is suffering from brusia, etc.; the instant case was inevitably caused by the decline in sales due to the delay in transactions on bail in the process of preventing the payment of the accrued bail amount; the Defendant’s disposal of bail normally, if the Defendant was able to change the damage caused by the normal disposal of the bail, i.e., e., the Defendant’s sale of the release on bail at the intermittent value, resulting in the Defendant’s failure to properly change the damage caused by the sale of the release on bail (i.e., 1 year and 2 months).
2. Although the scope of the crime of embezzlement of this case was so big that the victims suffered damage, the punishment of the court below is somewhat inappropriate in light of the following factors: the defendant was the first offender and reflects his mistake; the defendant deposited the victim F with the victim F as the deposited person under the name of the victim's damage compensation; and other factors such as the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc. are taken into account.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and it is again decided as follows.
[C] The facts constituting an offense and the summary of evidence recognized by the court and the summary of the evidence are as follows. In addition to the alteration of "1.01 Eil 1" among the items entrusted with the list of goods on the list of crimes attached to the judgment below to "1.01 Eil 2", the judgment of the court below is as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;