횡령
Of the judgment of the court of first instance, the part on Defendant B and C and the judgment of the court of second instance shall be reversed.
Defendant
B Fine 7,000.
1. Summary of grounds for appeal;
A. The first instance court’s sentence (Defendant B and D: fine of KRW 7 million for each of the above Defendants, Defendant C: imprisonment of KRW 10,000 for each of the above Defendants, two years of suspended execution and community service order of KRW 200 for each of October) is too uneased and unreasonable.
B. The punishment imposed by the court below on the above Defendants B, C, and D1 and the punishment imposed by the court below on Defendant B (three million won of fine) is too unreasonable.
2. We examine ex officio a judgment and the Defendants’ grounds for appeal ex officio prior to the judgment.
A. Defendant B 1) In the trial of the amendment of indictment, the prosecutor filed an application for the amendment of indictment with respect to Defendant B’s Internet installers listed in Paragraph 4 among the facts charged in the second instance case against Defendant B, and the judgment of the second instance court was changed by this court’s permission, and the judgment of the second instance court is no longer possible. (ii) After the completion of separate hearings with respect to Defendant B as the 1 and the 2nd instance court of the consolidated trial as the Daegu District Court No. 2013No3199 and the 201419 respectively, the court of the second instance sentenced Defendant B to a fine of KRW 7 million with respect to the former and the 3 million with respect to the latter. Defendant B filed an appeal with respect to each of the above judgments, and the court of the first instance decided to consolidate the two appeals cases.
Since the first and second crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, it should be sentenced to a single sentence within the scope of the amount increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act.
In this respect, the judgment of the court below on Defendant B cannot be exempted from all reversal.
3 According to the final and conclusive records of judgments on concurrent crimes under the latter part of Article 37 of the Criminal Code, Defendant B shall be punished by imprisonment with prison labor for one year and six months in the Daegu District Court on November 28, 2013 and a fine of four million won.