Text
The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (two years of imprisonment) is too unreasonable.
2. The judgment of the defendant acknowledged the crime of this case as a first offender without previous conviction, and seriously reflects his mistake, and paid 2,700 won out of the amount of damage, and was anticipated to be paid additionally in the auction procedure for the apartment in which the defendant had resided. However, the crime of this case is that the defendant embezzled the contributions of the victim foundation for the purpose of making the loss incurred due to stock investment in the course of performing the budget execution business of the victim foundation, and the nature and circumstances of the crime are not negligible. Despite the fact that the amount embezzled exceeds 40 million won, the defendant did not reach an agreement with the victim foundation even though the amount embezzled exceeds 40 million won, and other various circumstances, including the defendant's age, character, conduct, environment, family relationship, circumstances after the crime, etc., it is not recognized that the punishment imposed by the court below is too unreasonable. Thus, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.