횡령등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and for eight months, respectively.
except that this judgment.
1. The summary of the grounds for appeal is unreasonable because each sentence (two years of imprisonment, and eight months of imprisonment) declared by the court below against the Defendants is too unreasonable.
2. Determination
A. Although Defendant A’s each of the instant crimes committed by Defendant A, each of the instant crimes committed by Defendant A, under a lease agreement, provided high-priced external vehicles under custody to the bond company at will, embezzled them as collateral, acquired money under the name of vehicle purchase funds for several times, and used it for the debt repayment funds and the investment funds for the Philippines casino business, and the crime is very rough and bad, and the victims’ total damages incurred by each of the instant crimes exceed KRW 300 million, there are unfavorable circumstances to Defendant A, such as the fact that: (a) Defendant A is aware of the mistake, and there is no history of punishment for the same crime; (b) Defendant A was recovered from the social service Korea (criminal facts No. 1); and (c) Defendant A has agreed to compensate for the damages of Victim S (Criminal facts No. 2-B); and (d) Defendant A has agreed to the victim S with the victim at the lower court.
(a)(1) and victim M [Article 2-2 of the Facts of crime]
A. In light of the following circumstances: (2) and (3) of the victim V (the fact of crime No. 4 and (5) of the crime of this case; (3) the defendant A was detained for at least nine months due to each of the crimes of this case; and (4) the motive and background leading up to each of the crimes of this case; (3) the circumstances before and after the crime of this case; and (4) the conditions for sentencing specified in the records, such as the defendant A’s age, character and conduct, environment, occupation, and family relationship, the sentence imposed by the court below to the defendant A is somewhat unreasonable, and thus, the defendant A’s assertion
B. Although the victims of the defendant B suffered from each of the crimes of this case by the defendant B, the amount of the damage is close to KRW 100 million, the defendant B is against the depth when recognizing the error.