The guilty portion of the first judgment and the second judgment shall be reversed in entirety.

A defendant shall be punished by imprisonment for three years.

(b).

The first judgment on the scope of this court’s trial was found guilty of occupational embezzlement, violation of the Act on the Sale of Buildings, violation of the Act on the Control of Narcotics, etc. among the facts charged in the above case, and sentenced to imprisonment for 4 years, additional collection, and provisional payment order, etc., and acquitted each of the facts charged in the above case as to the fabrication of private documents and the uttering of

On the other hand, only the defendant appealed on the conviction of the first judgment on the grounds of unfair sentencing.

Therefore, since the non-guilty portion of the judgment of the first instance is already separated and finalized and is not included in the subject of the judgment of this court, this court shall decide only on the conviction part of the judgment of the first instance.

Summary of Grounds for Appeal

Since the misunderstanding of legal principles (the second judgment) is presumed to have been entrusted comprehensively by the victim company with respect to the use of the corporate seal, or the expression of consent in preparing a performance agreement, the defendant in the part of the forgery of private documents and the uttering of the falsified Private Document is presumed to constitute the elements of the crime of forging private documents or uttering of the falsified Private Document

Since there is no fixed amount of sales in breach of trust of each business, the sales in discount does not constitute an act of breach of trust, and the defendant is at a discount to promote sales in lots, so there is no intention of breach of trust.

The sentence of unfair sentencing (the guilty part of the first judgment and the second judgment) of the lower court (the imprisonment of four years and additional collection of the first judgment, and the imprisonment of ten months of the second judgment) is too unreasonable.

Judgment

The defendant filed an appeal against the guilty part of the judgment of the court of first instance and the judgment of the court of second instance among the judgment of the court of second instance, and each of the above appeals case was tried concurrently at the court of first instance. The criminal facts of the judgment of the court of first and second instances are concurrent crimes under the former part of Article 37 of the Criminal Act, and they are all of the above criminal facts under Article 38 (1) 2 of the Criminal Act.