업무상횡령
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court against Defendant A (one year of imprisonment, two years of suspended execution) is too unreasonable.
B. Defendant B’s sentence (six months of imprisonment and one year of suspended execution) imposed by the lower court on the Defendant is too unreasonable.
2. The defendants led to confession of the facts charged in this case and reflect their mistake, and the defendant A seems to have returned a considerable amount of money to the victim company, and the facts that the defendants did not have any criminal records exceeding the same criminal records and fines are favorable to the defendants.
However, the crime of this case is committed by Defendant A’s representative director and Defendant B’s use of the victim’s funds for the personal purpose of Defendant A while serving for the entire business of the victim company, and the nature of the crime is not good. The maximum amount of damage to the crime of this case exceeds KRW 167.6 million, and the judgment of the court below against the Defendants exceeded the reasonable limit of discretion.
In light of the circumstances to be assessed, or the fact that there is no new material to be found in the course of the trial of sentencing at the political party (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Other factors such as the Defendants’ age, sex, environment, motive, means and consequence of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee, etc., the lower court’s punishment imposed on the Defendants cannot be deemed unfair, and thus, the Defendants’ assertion of unfair sentencing is without merit.
3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.