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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The punishment of the original court (eight months of imprisonment) shall be too unreasonable;
(2) The court below's judgment on the ground that the defendant's embezzlement was erroneous in calculating the amount of embezzlement, but the prosecutor accepted it and the prosecutor changed the indictment, and thus the prosecutor applied for changes in indictment with the contents of "criminal facts" as stated below. The court below's judgment on the ground that the defendant applied for changes in indictment with the contents of "criminal facts" was no longer maintained due to changes in the subject of the judgment.
3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, which omitted the judgment on the defendant's assertion of unfair sentencing, on the ground of ex officio reversal, and the following decision is again rendered
[C] The criminal defendant has been engaged in the cargo transport business with the trade name "E" after concluding a contract with the victim Dispute Settlement Bank D from May 1, 2016 to October 2017 with the victim Dispute Settlement Bank Co., Ltd in Guro-gu Seoul Metropolitan Government.
According to the terms and conditions attached to the agency contract concluded by the defendant with the victim, when the defendant newly engages in a transaction with the customer, he/she shall obtain approval from the company and make a new registration on the computer program (F), and he/she has the obligation to deliver the transport fee to the victim if he/she received the transport fee directly.
Around March 2017, the Defendant used the “G” electronic code to transport cargo and received KRW 8,94,350 from trading companies, such as H and I, and used it as the Defendant’s operating expenses, etc. while carrying out business for the victim. From the above date to September 2017, the Defendant used the “G”, “StateJ”, and “K” electronic code as indicated in the separate crime list, and received a total of KRW 90,446,950 from trading companies for the victim.