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(영문) 인천지방법원 2015.01.09 2014노3851

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (five months of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant was aware of the crime of this case and the mistake was divided; and (b) the fact that there is no particular force except that the defendant was sentenced to a fine twice due to the crime of this type.

However, the crime of this case is deemed to have been embezzled by the Defendant, the chief director of the oil station, against the victim’s trust for about five months, and the nature of the crime is bad in light of the circumstances of the crime, and the total amount of damage to the crime of this case is close to KRW 30 million. However, the Defendant did not take measures to recover damage, such as agreement with the victim or repayment of money up to the trial, and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and happiness environment, the circumstances before and after the crime, etc., are considered to be too unreasonable.

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