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(영문) 수원지방법원 2019.07.11 2019노2330

횡령

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (one year of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The grounds for sentencing unfavorable to the defendant are: (a) the amount embezzled by the defendant is KRW 9,270,000; (b) the victim was not recovered; (c) the defendant did not endeavor to recover damage; and (d) the defendant left the Republic of Korea after the crime of this case and went to the Republic of Korea for several months.

On the other hand, the fact that the defendant attempted to make a short-term investment in the amount embezzled by the defendant is seen to have been acquired by another person, that the defendant led to the confession of the crime and reflects the depth of the crime, and that the defendant has no record of punishment in the Republic of Korea is the reason for

In full view of the aforementioned sentencing factors, the Defendant’s age, career, character and conduct, environment, motive, means, and consequence of the crime, etc., the sentence of the lower judgment cannot be deemed as excessive or unreasonable as it is too heavy.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.