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(영문) 광주지방법원 2017.06.20 2016노2563

업무상횡령등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.

2. The judgment of the Defendant recovered the entire damage to the victim E group in embezzlement and fraud, and the number of E group wanted to take the Defendant’s wife, and only has been punished twice by a minor fine punishment.

Meanwhile, the Defendant abused his/her position during his/her term of office as a sanitary reclamation center, and embezzled fees, etc. on up to 3 years and 5 months from July 2012 to November 2015 on 16 occasions, or calculated the excessive repair expenses for public goods, such as pocles, etc. on four occasions, and fraudulently acquired the difference, thereby causing damage to the victim E group by causing a total of 13.4 million won, as well as causing damage to the Defendant by falsely preparing a certificate of acceptance of recyclable products in the process, and using it as a fraudulent method and crime.

In addition, the defendant, who did not do so, received a total of 4 million won as a bribe from the co-defendant B or C of the court below's decision that collects secondhand goods.

In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

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