beta
(영문) 수원지방법원 2017.03.22 2016노9151

횡령등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. In light of the fact that the total amount of damages caused by the instant crime is 180 million won or more, etc., the quality of such crime shall not be less than that of the said crime.

However, when the defendant made confession of the crime in this case and made a mistake against his depth, the victim corporation D participated in the auction procedure of real estate offered as security and received dividends of KRW 82,51,159, and the defendant deposited KRW 52,20,000 for the victim corporation D when the defendant was in the trial of the party, and the damage was fully recovered, the defendant agreed to the extent that the defendant was in the trial of the party, the defendant did not have any record of punishment for the same crime, and there was no record of punishment for the crime in this case, and other all of the sentencing conditions as shown in the argument in this case are too unreasonable, considering the background of the crime in this case, circumstances after the crime in this case, the defendant's age, sexual conduct, environment and other factors, the sentence imposed by the court below against the defendant is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The gist of the facts charged and the evidence admitted by this court is as follows: (a) the summary of the evidence in the judgment of the court below is the same as the corresponding column of the judgment of the court below, except where the “the defendant’s partial statement” among the summary of the evidence in the judgment of the court below as “the defendant’s oral statement” was cited in accordance with Article 369

Application of Statutes

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 347(1) of the Criminal Act (the point of fraud) and the choice of imprisonment with labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act (i.e., the favorable circumstances as seen earlier) are determined in determining the above unfair argument.