사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The crime of this case was committed by the Defendant while working as the second team leader of the plant in the victim FF Co., Ltd. (hereinafter “victim”), and was in charge of the overall management of the business and order for the delivery of customer products. From January 9, 2008 to October 201, in collusion with B, the Defendant embezzled KRW 137,885,400 of the cost of the fishery net goods. The Defendant alone embezzled KRW 84,385,260 from August 7, 2006 to October 29, 2009, or acquired the victim’s product by fraud or embezzled KRW 5,940,00 from April 11, 2008 to January 15, 2010, and the crime method and the degree of damage are not disadvantageous to the Defendant.
However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant does not have the punishment of the defendant, the defendant is the primary offender who has no criminal records, and the defendant appears to have used part of the amount of embezzlement and the amount of embezzlement as business expenses for the victim, etc., and the character, conduct and environment of the defendant, the background and result of the crime of this case, the circumstances after the crime of this case, and other circumstances that are conditions for sentencing as shown in the records and arguments, the punishment of the court below is deemed unfair, and therefore the above argument of the defendant is reasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.
Criminal facts
The summary of the facts charged and evidence against the defendant recognized by the court is identical to the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;