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(영문) 대전지방법원 2013.12.11 2013노1322

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., in light of all circumstances, such as the fact that the defendant committed an offense and reflects against him, the sentence of the court below (a fine of KRW 2.5 million) is too unreasonable.

2. The instant crime committed by the Defendant, while serving as the seal leader in the Victim D Co., Ltd. from early August 201 to around October 2011, 201, he embezzled that arbitrarily brings about KRW 2.8 million in total at the market price of the paint and the tools under custody while in charge of managing the paint and the tools, etc., and thus, the Defendant’s trust in trust, which is in charge of the management of the painting, tools, materials, etc., was lost and the nature of the instant crime is not good, and the Defendant did not completely endeavor to recover from damage even to the trial near the second half-year period from the date of the instant crime. In full view of all other circumstances that form the conditions for the instant sentencing, including the Defendant’s age, character, environment, circumstances surrounding the instant crime, and circumstances after the crime, etc., the lower court’s sentence is deemed to be adequate and too unreasonable, and the Defendant’s assertion is without merit.

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.