업무상횡령
The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 10,000,000 won.
Defendant .
1. Summary of grounds for appeal;
A. Each sentence (Defendant A: imprisonment with prison labor for 1 year, Defendant B: imprisonment with prison labor for 8 months, and 2 years of suspended execution) sentenced by the court below against the Defendants is too unreasonable.
B. Each sentence sentenced by the prosecutor by the court below against the Defendants is too unhued and unreasonable.
2. The crime of this case was committed by the Defendants using false or excessive tax invoices, etc. that embezzled subsidies granted by G to the victim foundation G from Gyeonggi-do in relation to the operation, etc. of G, and the crime’s liability is not weak in light of the method of crime, period of crime, and size of embezzlement.
However, the Defendants merely appropriated the above embezzled money in full for the repayment of liabilities related to the creation and operation of G, which had already been incurred prior to the establishment of the victim foundation, and there seems to be no benefits the Defendants had accrued in the process.
Until now, the G has been established and the defendants have invested considerable funds and efforts.
Defendant
B, as an assistant to Defendant A, was involved in the instant crime under the direction of Defendant A.
The Defendants were the first offender, and they agreed with the victim foundation in the first instance.
In light of the above conditions unfavorable or favorable to the Defendants, and the degree of the Defendants’ participation in the commission of each of the crimes, age, sexual conduct, environment, and all other conditions of sentencing as shown in the instant pleadings, each punishment sentenced by the lower court against the Defendants is too unreasonable.
Therefore, the defendants' above assertion is reasonable, while the prosecutor's above assertion is without merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is all with merit, and the judgment below is reversed and it is again decided as follows.
[Judgment which is used again] criminal facts and facts of crime.