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The defendant's appeal is dismissed.
Reasons
1. The Defendant asserts that the lower court’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine on the amount of embezzlement includes the deposit and advance payment paid by E Co., Ltd. (hereinafter “E”) and the expenses invested by the Defendant for the transport of animal inland area (hereinafter “living area”), and thus, should be excluded.
However, according to the evidence duly adopted and examined by the court below, it is recognized that the defendant, while transporting the biological life owned by the victim, arbitrarily deducted part of the defendant and sold it to E, thereby embezzlement of a production amounting to KRW 6,206,778,705, and that the amount includes advance payment as alleged by the defendant.
No evidence can be found.
This part of the defendant's assertion is not accepted.
2. Determination of the unfair assertion of sentencing is very poor in light of the following: (a) the period of crime is long-term; (b) the amount of damage is more than 6.2 billion won; and (c) the method of the crime is planned and actively led by the Defendant to prevent the occurrence of the crime by altering the loading of a truck, etc., in a case where the Defendant embezzled approximately 16,694 tons of the victim’s life while transporting the place of life owned by the victim for about eight years; and (d) the crime is not committed.
Nevertheless, the Defendant did not take any measures to recover damage.
In addition, the grounds for sentencing alleged by the defendant on the grounds of appeal are shown to have been sufficiently taken into account when the court below determined the punishment, and there is no new data for sentencing in this court, and there is no change in the conditions for sentencing compared with the court below.
In addition, considering all favorable circumstances of the defendant, even if considering the favorable circumstances of the defendant, it cannot be said that the sentencing of the court below (seven years of imprisonment) is too unreasonable.