업무상횡령
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (one year of imprisonment with prison labor for six months and one year of suspended execution) is deemed unfair.
However, since the amount of damage caused by the instant crime exceeds KRW 18,640,00,00, the Defendant’s liability is not easy.
However, considering the fact that the victim was fully repaid the amount of damage with the guaranteed insurance that the Defendant joined, that is the primary offender, that is, the fact that the mistake is recognized and reflected, and all other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the sentencing of the lower court is too
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.