업무상횡령등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (ten months of imprisonment) of the original judgment is too unreasonable.
2. In light of the following facts: (a) embezzlement of approximately KRW 61 million over 1.62 times during a three-year period; (b) embezzlement of KRW 61 million; and (c) the crime of fabrication and uttering of private documents; and (d) the crime of fabrication and uttering of private documents; and (c) four times during a three-year period, it is an unfavorable reason for sentencing; (b) the Defendant has reached an agreement with the victim at the trial; (c) confession and confession of the crime; (d) there is no criminal record other than the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (e.g., fine for
In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters regarding the sentencing indicated in the records and arguments in this case, the sentence of the lower judgment is deemed unreasonable, and thus, the Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Relevant Articles 356 and 355(1) of the Criminal Act for the crime concerned, Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act for each of the crimes;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Order of community service;