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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for eight months, for six months, for each of six months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. As to the embezzlement of the Defendants on April 13, 201, among the facts charged in the instant case, as to the Defendants’ occupational embezzlement as of April 13, 201, the KRW 12 million out of the embezzlement amounting to KRW 16.3 million was paid as interest to Defendant B’s E Co., Ltd. (hereinafter “victim”) and there was a resolution by the board of directors on this point.
Therefore, since the injured company was obligated to pay the above 12 million won to the defendant B, the defendants do not have embezzled the above money.
B) Of the facts charged in the instant case, with respect to embezzlement of business as of April 18, 201 against the Defendants, the amount of KRW 30 million paid to M is not the amount that the Defendants embezzled, since the damaged company paid to M, the amount of each embezzlement is not the amount that the Defendants embezzled, but the Defendants did not participate in the crime. D) As to the crime of occupational breach of trust among the facts charged in the instant case, as to the crime of occupational breach of trust among the facts charged in the instant case, the injured company and Daejeon-gu U.S. E. F. Construction of Urban Residential Housing (hereinafter “the instant construction”).
H Co., Ltd. (hereinafter “H”) that entered into a contract to execute construction works
The Defendants, who had been managing the victimized company, did not entirely carry out the said construction, are subject to management judgment by the P Co., Ltd. (hereinafter “P”).
(2) The lower court’s decision on unfair sentencing (Defendant A’s imprisonment, 10 months of suspended execution, 2 years of suspended execution, 8 months of suspended execution, 2 years of suspended execution, and 2 years of suspended execution) is too unreasonable.
B. The sentence imposed by the court below on the Defendants is too uneased and unfair.
2. mistake of facts.