상법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. Determination is an unfavorable circumstance to the Defendant, such as the fact that the Defendant’s outstanding principal and interest out of the loans that the Defendant received in the name of the victim company reaches KRW 300,000,000,
However, considering the fact that the defendant appears to recognize and reflect his criminal act, the victim company was in fact a company operated by the defendant at the time that the defendant was granted a loan, the defendant had already been in prison life for four months in this case, and the court below seems to have reached 300 million won of the unpaid principal, but the amount of the unpaid principal would have reached 118 million won of the unpaid principal, and in addition, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all of the sentencing conditions as shown in the arguments and records of this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is too heavy.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the 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 622 (1) of the Commercial Act applicable to the relevant criminal facts, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration in favor of the defendant among the grounds for reversal);
1. Social service order under Article 62-2 of the Criminal Act;