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(영문) 서울남부지방법원 2012.05.18 2012노351

업무상횡령등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

The gold tamps, seized gold tamps.

Reasons

In the first instance, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to add criminal facts with regard to the thief violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and since this court permitted it, the judgment of the court

The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's assertion of unfair sentencing, and the judgment of the court below is reversed and it is again decided as follows after oral argument.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as follows; the following criminal facts are added; the defendant's partial statement "1.1. The defendant's written statement" in the summary of the evidence is changed to "1.1. The defendant's written statement at the court below and the court below" and "1. BE, BF, BG, BH and BI

1. An appraisal report;

1. With the exception of adding an investigation report (limited to the confirmation of the same EN type of the Daegu Northern Department), it is identical to the corresponding column of the lower judgment, and therefore, it shall be quoted pursuant to Article 369 of the Criminal Procedure Act. [Additional criminal facts] around July 14, 201, the Defendant employed the victim BE from the “BK singing” counter in Changwon-si, thereby working as an employee on July 14, 201, and then the victim was 90,000 won in cash owned by the victim and 3 million won in total in the market price, including 4 precious metal, 6 head of Tong, 6 credit cards, and 3 credit cards, and 10,000 won in the market price, and then stolen the victim’s employment from the “BK 1,500,000 won in cash sing the victim’s market price.”

18. The defendant.