횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable, because the punishment imposed by the court below (ten months of imprisonment) is too unreasonable.
2. Despite the reasons for sentencing unfavorable to the defendant as stated by the court below, considering the fact that the defendant deposited 12.2 million won for the victim at the court below as well as the fact that the defendant deposited 12.2 million won for the victim at the court below and partly restored the damage (in addition, it is insufficient to recognize that the victim directly recovered the instant vehicle and sold it to the third party on April 5, 201 after the crime of this case was registered for transfer of the name) and then completely restored the victim's damage, the defendant would not repeat the crime of this case; the defendant would not repeat the crime of this case; the defendant must support not only his spouse and child, but also his family members want to support the defendant's wife, it is necessary to reduce the punishment that the court below sentenced to the defendant by little means.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;