횡령등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The total amount of damages for each of the instant crimes exceeds KRW 200 million.
The Defendant did not disclose the other party who disposed of the damaged vehicle of the instant crime of interference with the exercise of rights, thereby making it difficult for the Defendant to recover damage.
Even in 2015, the defendant has been punished for property crimes such as being fined as a crime of fraud.
Circumstances favorable to the defendant shall be as follows:
The Defendant recognized the instant crime, and is against the Defendant’s living in custody for a considerable period of time.
The Defendant agreed with the victims of each of the crimes of this case for the first time.
The victim of the crime of embezzlement of this case was recovered from the victim, and the Defendant paid the principal of the obligation remaining to the victim of the crime of interference with the exercise of the right of this case.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment is too unreasonable.
Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are 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. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, Article 323 of the Criminal Act, Article 355 (1) of the Criminal Act (the point of embezzlement), and the choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The Criminal Act, the suspension of execution;