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The judgment below
The part against the Defendants is reversed.
Defendant
B Imprisonment with prison labor for a fine of 5,000,000 won and for defendant C.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective sentences (for the Defendants, two years of suspended sentence in the sixth month of imprisonment, community service, and additional collection) are too unreasonable.
2. The Defendants committed the crime of breach of trust in this case after committing the crime of violation of trust in this case, and went to commit the crime of breach of trust in this case, and there is a considerable possibility of criticism against the Defendants.
Defendant
In the case of B, as a complaint for apartment management affairs, the business relations of the instant crime are high, and in the case of Defendant C, the amount acquired by taking property in breach of trust is not significant, and the amount of damage incurred by the instant occupational breach of trust exceeds KRW 25 million.
However, the Defendants recognized all the crimes of this case and are against the law.
Defendant
B deposited KRW 5 million for the meeting of the representative of the victims of occupational breach of trust in the court below, and the Defendants agreed with the above victims in the first instance.
Defendant
B The payment of wages to G in accordance with the internal instructions of the controlled entity that belongs to B as the management office manager, and Defendant C only affixed the name and seal on the relevant documents as a female president, and the Defendants did not seem to have led to the crime of occupational breach of trust, and there seems to be no profits directly acquired from the above crime.
Defendant
B In the case of this case, it seems that the personal use of the money acquired from the crime of misappropriation of this case is not significant, and the defendants returned all the amount equivalent to the acquisition amount.
In addition, in full view of all the sentencing conditions in this case, such as the age, sex, environment, circumstances and result of the crime, etc., the sentence imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
Criminal facts
b) the evidence;