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The judgment of the court below is reversed.
Defendant
A Imprisonment for six months, and Defendant B shall be punished by a fine of 4,00,000 won.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendants to each punishment (two years of suspended sentence of 8 months) is too unreasonable.
2. In light of the form of the instant occupational embezzlement crime and the method thereof, etc., it is recognized that: (a) the liability for the relevant crime is heavy; (b) the amount of embezzlement damage is a larger amount of KRW 100 million; (c) Defendant A did not agree with the victim; (d) the instantless crime is a serious crime that interferes with the appropriate exercise of national criminal justice or disciplinary authority; (b) not only interferes with the appropriate exercise of national criminal justice or disciplinary authority; and (c) there is a need to strictly punish a person who is in danger of criminal punishment or disciplinary action; and (d) Defendant B was unable to receive a letter from
However, the defendants led to the confession of each crime, and there is no other criminal history except the indictment suspension disposition for occupational embezzlement in around 2014. Defendant A has no record of crime; Defendant B has no record of punishment heavier than the fine, and there is no record of punishment for the same crime. Defendant A deposited KRW 35 million (25 million + 10 million) for the victim in the first instance after repayment of part of the damage. Defendant B did not receive criminal punishment; Defendant B did not receive criminal punishment due to the crime without accusation; Defendant B’s age, sex, environment, motive, means and consequence of each of the crimes of this case, and circumstances after the crime, etc., each of the punishment imposed by the court below against the Defendants is too unfair.
3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the Defendants is reversed, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.