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(영문) 서울고등법원 2012.12.27 2012노2742

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years and six months of imprisonment) is too unreasonable; and

2. It is recognized that the part of the damage amount caused by the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) seems to have been recovered, and that the defendant has no record of criminal punishment, such as the fact that the defendant led to the confession of each of the crimes of this case, and that the defendant has repented his mistake in depth, and that the defendant paid 61,564,150 won to the victimized company.

However, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) is that the defendant embezzled about KRW 4.7 billion of funds of the victimized company that has been kept in office for about one year and five months as the head of the financial team team of the victimized company, and the crime is highly poor in the number of crimes, such as the plannedness, repetition and embezzlement of the crime in light of the amount of crime, and the method of preparing private documents in the course of embezzlement, and the method of preparing private documents in the course of embezzlement. In addition, in collusion with the accomplice, the defendant acquired market profits by manipulating the stocks in a manner of spreading false facts, thereby impairing the fairness of the capital market. In addition, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) of Specific Economic Punishment, etc. of Specific Economic Crimes (special mitigation: where significant damage is recovered: where the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is very poor: the scope of punishment of imprisonment with prison labor is not set at the minimum range of five years to five years.