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(영문) 창원지방법원 2014.12.24 2014노2480

횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case was committed while the defendant received money of KRW 25,00,000 for the purchase of a building for the victim E, and the defendant arbitrarily consumeds it while keeping the money of KRW 121,780,00,00 for the purchase of the building for the victim E. while the defendant kept the proceeds of selling the land owned by the clan as the general duties of the victim's clan while in charge of the management of the property of the above clan as the general duties of the victim's clan, and embezzled by arbitrarily consuming KRW 121,780,000 out of the above proceeds. The defendant recognized all of the crime of this case

However, in the past, the defendant has been punished twice for the same kind of crime, and on November 29, 2007, the defendant committed the crime of this case even during the suspension of execution after being sentenced to a suspended sentence for fraud in this court on November 29, 2007, and the defendant was not repaid most of the damage from the crime of this case to the trial, and there is no fact that the victim's clan has agreed with the defendant. As a result of applying the sentencing guidelines of the Sentencing of the Supreme Court Sentencing Commission, the court below imposed a sentence equivalent to the lowest sentence of the recommended sentence, taking full account of the favorable circumstances as seen above, such as the defendant's age, character and behavior and environment, the defendant's age, the background and environment leading to the crime of this case, the means and result of the crime of this case, etc., it is difficult to view that the sentence imposed by the court below is unreasonable because it is too inappropriate to view the defendant's argument without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.