업무상횡령
All appeals by the Defendants are dismissed.
Defendant
A The embezzlement amount of KRW 16,330,000 shall be applied to the P Cooperative, an applicant for compensation.
1. The main point of the grounds for appeal is that the sentence of the lower court (one and half years of imprisonment, ten months of imprisonment, and two years of imprisonment) is too unreasonable.
2. Determination
A. The Defendants’ assertion of unfair sentencing is acknowledged as follows: (a) Defendant A and the Defendants are both aware of the commission of the crime and are against the wrongness; (b) Defendant C is a primary offender; (c) Defendant A has no record of criminal punishment except punishment once a fine is imposed; and (d) Defendant A partially recovered from the crime of embezzlement. However, the crime of this case is deemed to have been committed in light of the period and method of the commission of the crime and the amount of damage, etc., that the Defendants voluntarily sold the rice of the victim company to the Defendants and acquired the proceeds of sales; (b) the Defendants appear to have led the crime; (c) the Defendants did not receive a letter from the victim company because they failed to recover damages until the trial; (d) there was no change in circumstances that could change the sentence of the lower court; and (e) Defendant A’s age, character and environment, the background and motive leading up to the crime of this case, the outcome and consequence of the crime, and the circumstances before and after the crime of this case; and (e) Defendant 1 was not recognized as having made an effort to recover the victim’s money borrowed or pleadings.
However, the crime of this case is a sum of the following facts: (a) the Defendant prepared and submitted a false rice purchase slips for a period of seven years, and (b) pretended to have sold and stored rice normally in the victim company.