횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for a 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. The total amount of damage caused by the instant crime is not equivalent to US$ 71,975 (based on US$ 81,331,750, US$1,130 per US$), and the fact that there is no agreement with the victim is an unfavorable circumstance against the Defendant.
On the other hand, there are favorable circumstances such as the following.
① Since December 31, 2014, the Defendant prepared a letter of payment, a significant portion of the damage suffered by the victim was restored as follows:
US$ 5,000 was paid to the victim.
(C) US$ 7,00, US$ 12,000, US$ 12,000 were attributed to the victim, and the sum of the sales proceeds of the vehicle was paid.
The remaining automobiles remaining after the Defendant and the victim prepared a letter of payment, were 2 strings, strings, strings, and strings.
Among them, one string automobile, two string cars brought about, and the defendant brought one string automobile.
The victim sold cars brought about, and acquired US$30,000 (see, e.g., 109 investigation records).
Considering that the shares of the Defendant and the victim are 1/2 each (see, e.g., the investigation record No. 108 page), two parts among the four parts of the above vehicle are considered to be shares of each one, and the victim brought one more. Therefore, the amount equivalent to the share of the vehicle is deemed to have been repaid.
In addition, considering that three vehicle sales proceeds are US$30,000, it seems that US$10,000 out of the above sales proceeds has been paid additionally to the victim.