beta
(영문) 서울동부지방법원 2016.08.25 2016노203

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to 700,000 won) is too unreasonable.

2. In light of the judgment, since the crime of this case was caused by the excessive remittance of the victim, it appears that the defendant had no intention to embezzlement the money of this case in bad faith from the beginning, and the defendant agreed to pay 5 million won to the victim in the original judgment, and there was no previous conviction against the defendant, but the court below's sentence that sentenced 700,000 won to reduce the fine under the summary order by taking into account the amount of embezzlement of this case and the above favorable sentencing factors, is too unreasonable.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.