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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (the imprisonment of six months and the suspension of execution of two years).
2. Under the judgment of the court below, when comprehensively considering the defendant's age, sexual conduct, environment, family relationship, motive and result of the crime, etc., the punishment imposed by the court below against the defendant is too unreasonable.
Therefore, the defendant's argument of sentencing is justified.
① From among the medical devices embezzled, the Defendant sold KRW 3,00,00 to a middle-sized business operator around June 2013. The remainder of KRW 16 (No. 2-17 on July 8, 2014 as indicated in the judgment below) was transferred a hospital it operates to KRW 80,000,000 and did not separately calculate the value of the medical device. In the case of medical devices that concluded a lease contract, the value at the time of sale should be calculated in proportion to the period of use, without presenting separate data to calculate the market price at the time of sale, and without considering the fact that the medical devices for which one year and two years and six months have elapsed from the date of the lease contract were claimed as the market price at the time of acquisition and the fact that the amount acquired by the Defendant was below the actual amount of gains due to embezzlement, etc., it is reasonable to view that the amount falls short of the market price at the time of acquisition due to embezzlement.
② The Defendant recognized the instant crime and did not repeat again.
There are many things.
③ The Defendant agreed with the victim smoothly and recovered part of the damage, and the remainder is currently being repaid in installments.
(4) A defendant has no record of punishment for the same crime.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is again reversed after pleading.