업무상횡령등
The defendant's appeal is dismissed.
1. The decision of the court below (one year and six months of imprisonment) is too unreasonable.
2. Although considering the fact that the Defendant appears to reflect on the judgment, the first offender, and the fact that he compensated for KRW 70 million including retirement allowances to the victimized company, these points appears to have been sufficiently taken into account in the lower court’s judgment, in light of the motive and details of the crime and the amount of damage, the fact that the nature of the crime is extremely poor, and the damage recovery was not almost little, and other factors such as the Defendant’s age, character and behavior, environment, family relationship, motive for the crime, method of the crime, and circumstances after the crime are considered, the lower court’s punishment is too unreasonable.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition