업무상횡령등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal presented a mistake of facts in the statement of grounds for appeal, but withdrawn from the third trial date.
The punishment of the court below (one year of imprisonment) is too unreasonable.
2. In light of the favorable circumstances such as the Defendant’s age, character and behavior, health, home environment, circumstance, method and result of the crime, etc., the lower court’s punishment is somewhat unreasonable, considering the following: (a) the victims did not recover from damage to the Defendant Company D; (b) the victims were punished for the Defendant; (c) the Defendant was fully aware of the Defendant’s crime at the time of the trial; (d) the Defendant was living in custody for about five months; (e) the Defendant deposited KRW 10 million for the victim I in the trial; and (e) the Defendant did not have any particular criminal record other than once before and after the fine was imposed; and (e) the overall sentencing conditions indicated in the records and arguments of this case, such as the Defendant’s age, character and behavior, health, home environment, and method
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of facts and evidence acknowledged by this court is as follows: (a) the summary of facts and evidence in the judgment of the court below is as follows: (b) the “eight times” in the 2nd page 7; (c) the “three times” in the 3rd page 7; and (d) the “6, 7, and 8” in the 4, 5, and 6th column in the 7th page; and (e) the “6, 7, and 8” in the 4, 5, and 6th column in the 7th page of the judgment of the court below is as follows: (a) except where the “1” in the 1st page 1 embezzlement method and the amount of embezzlement is deemed as “3”;
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 355 (1) of the Criminal Act (the point of embezzlement), and the choice of imprisonment, respectively;
1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is added.