업무상배임
The judgment of the court below is reversed.
The punishment of the accused shall be determined by imprisonment with prison labor for ten months.
(2) the date of this judgment.
1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.
2. In the appellate trial, the Defendant was the first offender, and the victim E was deposited in KRW 14,127,260, which is the amount equivalent to the amount of damages, by making the victim E as the consignee, and the victim expressed his/her intent not to be punished any longer by the victim’s agreement with the victim.
In addition, the lower court’s punishment against the Defendant is unreasonable in light of the following factors: (a) comparing the sentencing conditions as indicated in the instant case’s records and changes; and (b) comparing the sentencing grounds for the
Therefore, the defendant's argument of sentencing is reasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is as follows, except for adding "the defendant's legal statement in an appellate trial" to the column of the evidence, and thus, it is identical to each corresponding column of the court below's judgment. Thus, it is citing it as it is by Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 356 and 355 (2) of the Criminal Act, the selection of punishment by imprisonment, inclusive, with prison labor under the relevant provisions of the Act and the selection of punishment for the crime;
1. Criteria for sentencing under Article 62 (1) of the Criminal Act;
1. Persons who have been specially mitigated in the mitigation area (one month to October) of the type (one hundred million won) of the crime of embezzlement and breach of trust within the scope of the recommended punishment: Where the punishment is not granted or a significant damage is recovered;
2. Main reasons for the suspension of execution: positive - If significant damage is recovered, the general circumstances of non-conformity with punishment are positive - neither clear social relationship nor any criminal record of suspension of execution nor more severe damage.