업무상횡령
The defendant's appeal is dismissed.
1. In light of the following: (a) the summary of the grounds for appeal by the Defendant and his defense counsel (unlawful in sentencing) recognizes and reflects the Defendant’s mistake; (b) the Defendant lost the ability to determine by going away from gambling; (c) the Defendant committed the instant crime; (d) there was no record of criminal punishment; and (e) the Defendant returned half of the embezzlement to the account of the victim’s company again to the extent that the actual amount of damage is KRW 250 million; and (b) the lower court’s sentence that sentenced one year and six months
2. The crime of this case was committed by the Defendant’s embezzlement of approximately KRW 530 million in total over 82 times while working in the victim company and using it as gambling fund. It is not good that the Defendant embezzled money exceeding KRW 100 million in a short period exceeding 1 month and embezzled money from the victim D Co., Ltd. and the victim F Co., Ltd. and embezzled money exceeding KRW 400 million in a short period exceeding 1 month after joining the victim H Co., Ltd., and embezzled money exceeding KRW 1 million in a short period of more than 1 month; the victim company wishes to punish the Defendant; there was no record of criminal punishment; the circumstance that the Defendant returned KRW 60,584,000 to the victim D Co., Ltd., Ltd. after the crime of this case had no record of criminal punishment; the circumstances that the Defendant returned to the victim D Co.,, Ltd. were already reflected in the sentencing; the circumstances of the Defendant’s assertion that there was no special motive and reason for the crime of this case before and after the crime of this case; and after this case’s argument were not reasonable grounds.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so ordered.