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(영문) 창원지방법원 2016.01.21 2015노1831

횡령

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the reasons for appeal are too unreasonable because of the punishment imposed by the court below (six months of imprisonment), and the prosecutor asserts that the above punishment is too unhued and unfair.

2. In the judgment of the court below, the defendant recognized the crime of this case and against the mistake, and the purchase of J and K land (hereinafter “the land of this case”) was KRW 190,50,000,000,000,000 from the Chang-si, Chang-si, Seoul Special Metropolitan City around July 2008, and on August 23, 2010, prior to the crime of this case, the maximum amount of KRW 143,00,000,000 was established on the land of this case and the actual amount of damage of the victims would be less than KRW 140,000,000 as stated in the indictment, and the defendant has no record of criminal punishment until now.

However, considering the fact that the amount of damage caused by the instant crime was high, the victims did not submit any particular data about the recovery of damage to the victim until the court of first instance, etc., and the fact that the Defendant was sentenced to a judgment of the court of first instance against L in the lawsuit for the cancellation of the neighboring mortgage (the Changwon District Court 2014 Ghana 88478) brought by the Defendant against L, without any special circumstances or changes that may be newly considered in sentencing after the sentence of the lower judgment, the Defendant’s age, sex, sex, environment, motive and background of the instant crime, means and method of the crime, and the circumstances after the crime were committed, it is not recognized that the sentence imposed by the lower court is excessively heavy or unreasonable.

3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and all of them are dismissed. It is so decided as per Disposition.