업무상횡령등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal stated that the court below sentenced the defendant to 8 months of imprisonment, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.
2. We examine the argument of unfair sentencing by the Defendant and the prosecutor in a lump sum.
In full view of the fact that the defendant committed a crime of occupational embezzlement under the same law even though he was sentenced to a severe punishment for the suspended sentence, and the defendant again committed each of the crimes of this case since the suspended sentence has not yet passed after he was sentenced to a severe punishment for the suspended sentence, and that the defendant forged or uses the relevant private document to temporarily conceal or temporarily conceal the money from the victimized company, and thus, the crime is inferior and the damage is not significant, it is necessary to give a strict warning to the defendant.
However, in light of the following: (a) the Defendant’s portion related to the amount of partial damage was changed to be considered as sentencing factors; (b) the Defendant’s net profit per container was not paid at least KRW 800,000 for four months from the victimized company; and (c) the Defendant’s actual amount of damage caused by the Defendant’s crime of occupational breach of trust was only KRW 10,00,000 or KRW 12,000,000,000,000; and (d) the Defendant repaid KRW 2 million from the damaged company’s damage and supported the mother and wife, the Defendant supported the children, and the Defendant’s age, environment, personality and conduct, etc., other factors such as the Defendant’s age, character and conduct are considered as a whole.
3. Accordingly, the defendant's appeal on the defendant's assertion of unfair sentencing is accepted, and Article 364 of the Criminal Procedure Act is accepted.