배임
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The judgment of the defendant recognized the crime of this case, and the crime of this case sold land to the housing association even though the defendant completed the registration of the transfer of ownership to the victim who is a human relative. According to the records, according to the records, the defendant's intent of breach of trust seems not to have been strong; the defendant deposited part of the amount for the victim (2 million won); the defendant's old and health status was not good; the defendant's age and health status was not good; and other various conditions of sentencing as indicated in the records and changes theory, such as the defendant's age, sex, environment, health condition, etc., the sentence imposed by the court below is unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment shall be less than 10 million won] Type 1 (the amount of less than 100 million won] [the scope of the recommended punishment] basic area ( April to April);
2. The decision of the sentence shall be made in the same manner as the order, taking into account these circumstances in the reasons for reversal of the sentence.