특정경제범죄가중처벌등에관한법률위반(횡령)등
The defendant's appeal is dismissed.
1. Of the facts charged in this case, as to the embezzlement of KRW 626,806,00 from the victim and the victim company, the prosecutor, including them, filed a prosecution for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement). However, the court below held that the part of embezzlement of KRW 527,51,00 from the victim company is guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and found the victim guilty of embezzlement of KRW 527,51,00 from the victim company as to the part of embezzlement of KRW 99,25,00 from the victim's embezzlement of the remaining amount of KRW 99,25,00,00, and found the victim guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).
Therefore, only the Defendant filed an appeal against the conviction portion among the judgment below, and the prosecutor did not file an appeal against the acquittal portion of the reasons. In such a case, the part not guilty portion of the reasons is also judged in the trial along with the conviction portion of the judgment below in accordance with the principle of no appeal. However, the aforementioned part not guilty portion of the reasons cannot be determined again because it is out of the object of the attack and defense between the parties and is virtually subject
Therefore, the lower court’s conclusion as to the portion not guilty among the judgment of the lower court is followed, and it is not separately determined by the trial.
2. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.
3. The Defendant, up to the time of the lower judgment, denied part of each of the instant crimes, but, at the time of the first instance, appears to have satisfied the attitude of recognizing and opposing all of the instant crimes.
The Defendant paid KRW 61,00,000 to the victim for the recovery of damage caused by each embezzlement of this case, and the Defendant is a traffic accident.