업무상횡령
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and ten months.
1. The summary of the grounds for appeal is that the punishment of the lower court (the first instance court: imprisonment with prison labor for eight months, and the second instance court: imprisonment with prison labor for one year and four months) is too minor or unreasonable;
2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the judgment of the first and second court was rendered to the Defendant, and both the Defendant and the prosecutor filed an appeal against the above judgment. Since the court decided to combine the above two appeals, each of the crimes of the first and second judgment against the Defendant in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, shall be sentenced to one sentence pursuant to Article 38(1) of the Criminal Act, and thus, both the judgment of the court below cannot be maintained.
3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the above, since there is a ground for reversal ex officio, the judgment below is reversed in entirety, and the following is decided through pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of the corresponding column of the first and second judgment, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 355(1) of the Criminal Act applicable to the crime (the point of embezzlement), Article 347(1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act (the point of fraud), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document) of the Criminal Act, Articles 352 and 347(2) of the Criminal Act (the point of uttering of the above investigation document), each choice of imprisonment with labor
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The aggravated area (one year to two years) of the aggravated punishment under Article 37 of the Criminal Act, Article 38(1)2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 1 of the Reasons for the Sentencing [the scope of the recommended punishment] of Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (one year to six months) (the special aggravated person] of Article 2 of the same repeated crime (Embezzlement and Breach of Trust) (the scope of the recommended punishment) is the aggravated area of Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of the recommended punishment from October to June) (the scope of two years).