점유이탈물횡령
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.
2. The circumstances favorable to the defendant include: (a) there is no criminal record of the defendant; (b) the fact that the defendant acquired and embezzled mobile phones are not many as 2; and (c) the fact that all the mobile phones possessed by the defendant were seized and returned to the victims.
In full view of these circumstances, the age, character and conduct, environment, etc. of the defendant and the conditions of the sentencing as shown in the arguments, the sentence imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 360 (1) of the Criminal Act and Article 360 (1) of the same Act concerning the applicable criminal facts, the selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;