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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the reasons for appeal (two years and six months of imprisonment) is too unreasonable.
2. Determination: (a) the Defendant repaid H Co., Ltd. KRW 10 million on March 28, 2014 (Evidence No. 29671 of the Evidence Evidence No. 2961 of the 2015 type), KRW 10 million on April 2, 2014 (Evidence No. 29671 of the Evidence Evidence No. 29671 of the 2015 type No. 231 of the 2014); (b) KRW 20 million on April 3, 2014 to HK (Evidence No. 29671 of the Evidence Evidence No. 29671 of the 2015 type No. 2968, Mar. 3, 2014; and (c) the Defendant paid KRW 20 million to R in addition to the payment of KRW 40 million in total.
However, R has been paid before the defendant in the court of original instance.
Although there are extenuating circumstances, such as the fact that there was a family member to support the trial record 15 million won (the trial record 110 pages). However, the court below seems to have determined the punishment by reflecting all of them. Although the court below made confessions and reflects all of the crimes in the first instance trial, the amount of damage reaches KRW 352 million, and most of them have not been recovered, it is difficult to view that the court below’s sentencing is a significant circumstance to change the sentencing solely on the above ground.
On the other hand, considering the means and results of the crime, the fact that the nature of the crime is heavy in light of the circumstances after the crime, and other circumstances revealed in the records and pleadings, such as the defendant's age, sexual conduct, career, environment, motive, means and consequence of the crime, the sentencing of the court below is determined within the reasonable and appropriate scope, and it is not determined as unfair because it is excessively unreasonable.
Therefore, the defendant's assertion is not accepted.
3. The Defendant’s appeal is without merit, and the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act (Provided, That the lower court’s appeal is corrected by adding “the police statement protocol against M” to the 8th page of the judgment below’s 7th page).