업무상횡령
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.
2. Determination
A. It is recognized that the defendant confessions the crime of this case and reflects the defendant.
B. However, in full view of the following circumstances: (a) the amount of damage incurred by the instant crime was a considerable amount of 46,879,940 won; (b) the victim did not agree with the victim; (c) the Defendant did not recover from the damage; (d) the Defendant had been sentenced to imprisonment for six months as a result of the crime of embezzlement in the course of 2009; and (e) the Defendant’s age, circumstances leading to the commission of the crime; and (e) other circumstances that are the conditions for sentencing specified in the instant argument, including the circumstances favorable to the Defendant, even if considering the aforementioned circumstances favorable to the Defendant, the lower court’
Therefore, the defendant's above assertion is without merit.
3. In conclusion, 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 without merit. It is so decided as per Disposition.