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Defendant
The conviction part of the judgment of the court below against A and the judgment of the court below against Defendant W shall be reversed.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Defendants 1) Of the facts charged of erroneous determination of facts (Defendant A): there was no benefit by the Defendant to deliver and acquire a vehicle to BP with respect to the embezzlement part of the victim BKrenk, and even after delivering the vehicle to the victim BKrenk, the lower court found the Defendant guilty of the above facts charged was erroneous. 2) The lower court’s each sentence of unfair sentencing (Defendant A: imprisonment of two years and six months, six months, six months, six months, six months, six months, and five million won, and five million won: imprisonment of two years and six months, confiscation, and defendant Y) is too unreasonable.
B. As to Defendant W of the public prosecutor, although the instant vehicle, which is the object of the security, was canceled at the time of the disposal of the vehicle, even in such a case, since the duty of the Defendant to manage each of the instant vehicles is recognized in accordance with the good faith principle and the contract, the lower court found the Defendant not guilty of the charges concerning the breach of trust was erroneous, and the lower court’s punishment is too unreasonable.
2. Determination
A. As to the crime No. 1 in the judgment of the second court of the judgment, it is recognized that Defendant A had the record of being punished several times for the same kind of crime, and that the form and quality of the crime in this case are inferior. However, considering all the sentencing conditions in the records, such as the fact that the defendant recognized the facts charged, the fact that the defendant agreed with the victim D, the defendant's age, character and conduct, motive leading to the crime, and circumstances after the crime, etc., the sentence of the court below is unreasonable. 2) The first judgment of the first and the second judgment of the second judgment of the court of the judgment, prior to the judgment as to the grounds for appeal as to the crime No. 2 in the judgment of the court of the first instance, the respective appeal cases against the defendant were combined at the court of the first instance, and the facts constituting the crime are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below