beta
Text
Defendant
The appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (five months of imprisonment and one year of suspended sentence) is too unreasonable.
2. The circumstances are advantageous to the following: (a) the Defendant’s mistake in depth and reflects his mistake; (b) the amount of embezzlement would have been repaid to the victimized kindergarten and would have been restored to the damaged kindergarten; (c) the primary offender who has no record of criminal punishment; and (d) the Defendant’s workplace’s pay back to the Defendant’s wife.
However, the instant crime was committed by the Defendant as the administrative officer of class 8 of the victimized kindergarten in charge of the management of non-regular workers personnel expenses and cash management affairs other than revenue and expenditure, such as the management of school accounts and the purchase of school expenses for young children and the purchase of goods, and was instructed to demand personal debts. As such, the Defendant was falsely withdrawn from January 2014 to November 201 of the same year under the pretext of paying instructors income tax and resident tax, and four major insurance premiums, etc., or paid by mistake after remitting them to the account
It is unfavorable that cash, etc. returned to him/her has been embezzled by arbitrarily consuming it for his/her own debt repayment, etc., and the crime is not good in light of the period of the crime, method of the crime, etc., and the amount of embezzlement is also equivalent to KRW 17.7 million, and the liability for the crime is also grave. This is not recognized as unfair because the scope of the recommended sentence for the crime of this case according to the sentencing guidelines established by the Supreme Court sentencing committee is ten months from January to October, and the scope of the recommended sentence is determined in the area of special sentencing (where significant damage has been restored), the person subject to special sentencing (where special sentencing has been restored), the scope of the recommended sentence (i.e., January to October), and all other sentencing conditions such as the defendant's age, motive, means and result, and circumstances after the crime.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.