업무상횡령
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. It is recognized that the defendant led to confession and reflects the crime of this case, and that the defendant is the first offender.
B. However, the Defendant embezzled the total amount of KRW 330 million in company funds while on duty. In light of the background and amount of the embezzlement, etc., the Defendant did not agree with the victim, but did not fully repay the damage, and there was no special change in circumstances after the decision of the court below, and other circumstances that are conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background of the crime, and circumstances after the crime, etc., even if considering the above circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.