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(영문) 청주지방법원 2013.10.25 2013노426

업무상횡령등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the grounds for appeal, the Defendant again committed each of the instant crimes even though he/she had been punished for the same kind of crime and has been sentenced to punishment, and even if he/she had fleded after committing fraud around 2006, he/she had been in the process of operating the company using a false name even though he/she had been able to do so, the victim is punished against the Defendant because he/she had not been able to recover damage, even though he/she had been able to do so.

On the other hand, when the defendant was in a trial, all of the crimes of this case are recognized and reflected in the division, and the personal benefits acquired by him are almost little and the other projects are additionally punished in the idea that they will cover losses incurred while running their businesses.

The fact that it seems that the crime has been continued is favorable to the defendant.

Therefore, the above circumstances are different from other circumstances, such as the defendant's age, character and conduct, family relations, motive and circumstances of the crime, and the sentencing criteria determined by the Supreme Court's sentencing guidelines [basic crimes] set forth in the records, such as the defendant's age, personality and conduct, the motive and circumstances after the crime, and the circumstances after the crime, and the sentencing criteria set by the Supreme Court's sentencing guidelines committee: Embezzlement: Embezzlement; 500 million won or more to 5 billion won recommended range of the basic field: Reduction factors; - serious reflective factors - Where the crime is committed [the second concurrent crime] types of fraud: fraud, general fraud, 100 million won or more, or less to 50 million won: Reduction factors - In addition, the scope of recommendations in the basic field of fraud: Reduction factors - [the third and fourth concurrent crimes] types of fraud: fraud, general fraud area, and recommendation range of less than 100 million won: 6 months to 6 months general larceny categories of general larceny categories; reduction range of punishment - general larceny categories : general property.