업무상횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In light of the form and method of the instant crime, etc., it is recognized that: (a) the nature of the instant crime is bad; (b) the total amount of damage exceeds KRW 91 million; (c) most of the damage is not recovered; and (d) the fact that the victim did not receive a letter of tolerance.
However, when considering all sentencing conditions specified in the argument of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case, etc., the court below's punishment is too unreasonable, considering the following factors: (a) the defendant led to the confession of the crime; (b) there was no record of punishment for the same crime; and (c) there was no record of punishment heavier than the fine; (d) the victim deposited KRW 10 million for the victim; and (e) the victim made efforts to recover damage by making efforts to recover from damage; and (e) the victim additionally paid KRW 10 million for the victim.
3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);