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(영문) 대구지방법원 2013.07.18 2013노1306

횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The fact that the Defendant recognized a mistake and reflects the fact that the Defendant is to support the family, such as the elderly mother, etc., is the most favorable circumstance to the Defendant.

However, the act of transferring and taking over the means of access used in electronic financial transactions, such as a deposit passbook, as the crime of this case, is not limited to harming the stability and reliability of financial transactions using the means of access, and social harm causes serious damage as it is used for various crimes, such as singing, etc., with the knowledge that the account opened by the Defendant would be used for the crime of singing, and the transfer of the money to another person was extremely poor in the nature of the crime, such as the transfer of the money deposited in the account of the victim of singing to the other person after the transfer of the money to the other person, and even if having had the same record of having been sentenced to punishment under the same law, the act of sing to the crime of this case again during the period of repeated

In full view of the above normal relationship as well as all the factors of sentencing as shown in the records and arguments, such as the defendant's age, character and conduct, environment, etc., it is not determined that the sentence imposed by the court below is too unreasonable.

Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.