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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Of the judgment of the court below, the sentence imposed on the defendant (one year of imprisonment and three years of suspended execution) is too unreasonable.
B. As to the part of the acquittal of the judgment of the court below regarding "the part concerning occupational breach of trust in which money and valuables are received from the subcontractor" among the acquitted part of the judgment of the court below, there is no credibility in the defendant's lawsuit, or in itself is contrary to logic and rule of experience. This part of the facts charged is proved, and with respect to "the part concerning occupational breach of trust in which a corporation card is used for an individual purpose", the part concerning the facts charged is denied once more than the second trial date of the court below. The court below erred in the misapprehension of legal principles or the judgment of innocence for reasons.
(2) As to the guilty portion of the judgment of the court below on unreasonable sentencing, the above sentence of the court below is too uneasible and unfair.
2. Judgment on the prosecutor's assertion of mistake of facts
A. Of the acquitted portion of the lower judgment, the summary of the facts charged and the summary of this part of the Defendant’s appeal is as follows: (1) as to the part of occupational breach of trust in which money and valuables are received from subcontractor.
From February 4, 2008, as stated in the judgment below, the Defendant violated his duties, as stated in paragraph (1) of the facts constituting a crime in the judgment below, and received total of KRW 31,921,170 in the passbook in the name of the Defendant from around September 17, 2005 to December 30, 201 as stated in the [Attachment II-2] of the judgment of the court below (Account Number: I) of the new bank passbook in the name of the Defendant as shown in the [Attachment II-2] of the judgment of the court below, it is clear that the total of ten times is a clerical error in total of 27 times.
over 18,204,00 won was remitted.
Accordingly, the defendant took a profit equivalent to 50,125,170 won and suffered a loss equivalent to the same amount from the victim E.