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(영문) 서울북부지방법원 2019.02.01 2018노2149

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. The judgment of this case is the larger amount than KRW 97 million; the victim wants to punish the defendant; the defendant remitted part of the money between April 2017 and September 2017 to the victim company; and some additional damage (10.9 million won) was recovered in the original judgment and the trial court; however, there was no recovery of considerable damage; the defendant was sentenced to a suspended sentence of imprisonment with prison labor for the same kind of property in around 2015; the defendant commenced the crime of this case during the suspended sentence period; and all other sentencing circumstances including the defendant's age, character and conduct, family relationship, motive, means, and consequence, the defendant's assertion is not acceptable since the sentence imposed by the court below is inappropriate.

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