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(영문) 울산지방법원 2015.04.17 2014노1181

횡령

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant filed each appeal on the grounds that the sentence imposed by the lower court (one year of imprisonment) is too unreasonable, and the prosecutor is too unhued and unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflects in depth, that there is no criminal record in the same kind, and that there is a family member to support.

On the other hand, the court below seems to have already determined a sentence by reflecting the above favorable circumstances. The crime of this case is a situation unfavorable to the defendant, in light of the fact that the defendant voluntarily consumeds money from the victims while he was kept in custody by promising the victim D to enjoy profits from purchasing real estate through the activities of the mountain conference, and the defendant committed a crime using personal trust relationship with the victim D, and the crime is not good in terms of the nature of the crime, the damage amount amount reaches the total amount of KRW 26.1.6 billion, and the damage amount was not easily recovered, and the damage was not completely recovered.

In full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions as shown in the instant argument, such as the circumstances after the crime, and the result of the application of the sentencing guidelines by the Sentencing Committee, the sentence of the lower court is not deemed to be too weak or unreasonable.

Therefore, both the prosecutor and the defendant's argument of unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.