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(영문) 서울서부지방법원 2013.11.26 2013노1043

업무상횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The punishment imposed by the court below (eight months of imprisonment) shall be too heavy.

2. The crime of this case, however, is an element of sentencing unfavorable to the defendant, that is, the defendant's arbitrary disposal of the original sum of the market value of the victim's company held by the defendant as the employee of the victim company, equivalent to 63 million won.

However, in full view of the following facts: (a) there was no record that the Defendant was punished for the same type of crime as the instant crime; (b) the Defendant recognized all of the instant crimes; (c) the Defendant reflects the fact that the Defendant committed the instant crime to preserve expenses incurred in the course of handling the Defendant’s business in order to ensure that the Victim Company would not pay them well; (d) there are circumstances to take into account the circumstances leading up to the instant crime; (b) the Defendant paid the victim company the entire amount of damages to the victim company; and (c) other various sentencing conditions stated in the argument of this case

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again as follows.

Criminal facts

Since the summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 356 and 355 (1) of the Criminal Act, inclusive, by relevant Articles of the Criminal Act and the choice of punishment. Article 355 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act;