횡령등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. The summary of the grounds for appeal (Article 1: 1 and 3 months of imprisonment with prison labor and 2 months of imprisonment with prison labor) declared by the court below is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, each of the cases of the judgment of the court below that the defendant appealed in the trial of the court below is merged with each of the cases of the court below that held against the defendant, and the facts of the crime of the judgment of the court below as stated in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment shall be sentenced at the same time under Article 38 of the Criminal
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment below is reversed in its entirety, and it is so decided as follows.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 347(1) of the Criminal Act (the point of fraud), Article 347-2 of the Criminal Act, Article 70(1)4 of the Specialized Credit Financial Business Act (the point of fraud by use of computers, etc.), Article 329 of the Criminal Act, Article 283(1) of the Criminal Act, the choice of imprisonment for a crime;
1. Among concurrent crimes, there is a need for a corresponding punishment in light of the methods of punishment for each crime committed by the defendant on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act and the scale of damage and the degree of damage recovery, etc.
The records and arguments of this case, such as the defendant's age, living environment, and criminal records, have been paid to the victim B part of the amount of damage.