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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for one year, and for ten months, each of the defendants B.
Reasons
1. The decision of the court below (defendant A: imprisonment of one year and six months; imprisonment of one year and two months) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
According to the prosecutor's application for permission to amend a bill of amendment to a bill of amendment to which the facts charged are added alternatively in the trial, the applicable provisions of the law are stated as Article 355 (1) of the Criminal Act (Embezzlement and misappropriation). However, it seems that there is a simple clerical error.
The judgment of the court below cannot be maintained as the subject of the judgment was changed by this court's permission.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is rendered again as follows after pleading (Provided, That as long as it is found that the facts charged alternatively changed in the trial at the above time were guilty, the previous facts charged and the Defendants’ wrongful assertion on the sentencing of the Defendants are not judged separately). 【Grounds for the judgment re-written by the court below, which is the representative director of E for the purpose of manufacturing and selling water suspension, and Defendant B is the management director of the above company.
Defendant
On August 17, 2016, A received a loan of 400 million won for corporate facility funds from the Korean Bank of Korea Co., Ltd., and created a security interest of 54,000,000 won in the total market value of 554,00,000 won at the place of business of the said legal entity to the victim, which is equivalent to the JL-502AF S4 Electronic Animal S-3 Packaging, JL-80BM S-3 Packaging, JL5020, and JL-80BM S-3 Packing-3 Packing-3 Packing-S-S-3 Packing-S-S-S-C Packaging, and the amount of 48,000,000 won in the total amount of the bonds to be attached
Defendant
A In the early August 2017, because the operation of the above company was difficult, it was difficult to pay interest on the loan to the victim, and it was placed in the situation of compulsory execution against the above machinery. It was a new water issue in the name of F, which is an employee of E.