The judgment below

The conviction except the compensation order shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The sentencing of the court below (two years of imprisonment) is too unreasonable.

2. 판단 이 사건 각 횡령 범행은 피고인이 리스하여 사용하는 기계를 임의로 처분하거나 리스료를 체납하고도 리스한 자동차의 반환을 거부한 것이고 배임 범행은 담보로 제공한 물건들을 처분한 것이어서 모두 죄질이 나쁠 뿐 아니라 횡령하거나 배임행위로 처분한 물건들의 가액 합계가 10억 원 이상에 달하며, 각 사기 범행도 기망의 경위나 내용이 불량하고 그 피해액이 합계 9,000만 원 이상의 적지 않은 금액이다.

The victim I prepared a written agreement at the court below, but the defendant did not implement the agreement at the time of agreement, and the defendant wanted to be punished by the severe punishment, and did not reach an agreement with the victim Korean Capital Co., Ltd., and in the case of embezzlement crime against the Industrial Bank of Korea, part of the machinery was agreed on, but the amount of damage which was not finally agreed is not less than 30 million won.

However, in the court below, the defendant agreed with the victim D and the victim non-SP Capital Co., Ltd. to acquire the defendant's claim against the defendant, and agreed with the victim's limited liability company on part of the damage with the limited liability company specialized in the 20th securitization of the defendant's claim against the defendant. In the first instance, the defendant deposited KRW 30 million in order to recover the damage of the victim's Korean capital company.

The victims Hyundai Capital Co., Ltd. did not want the punishment of the defendant from the original trial.

In addition, in the case of each embezzlement crime, there are down payment and lease fees paid by the defendant, and the actual amount of damage is part of the value of the goods.

The criminal defendant committed each fraud at the time of the trial.