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(영문) 서울고등법원 2014.01.24 2013노3723

특정경제범죄가중처벌등에관한법률위반(횡령)

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The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below's sentence (three years of imprisonment) is too unhued and unreasonable.

2. The Defendant’s crime of this case is deemed to have embezzled KRW 880,000,000,000 from the sales proceeds deposited into the clify ground to the effect that the Defendant entrusted the sale of the drigy ground drigy ground drigy ground drigy ground drigy ground spy ground d to the Defendant and embezzled the sales of the clify ground drigy ground sp.

The scale of damage is large, and there was no agreement between the victimized company and the victimized company.

However, considering the Defendant’s age, character and conduct, environment, motive and means of committing a crime and its consequences, ordinary trade relationship, circumstances after committing a crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, including the fact that the Defendant’s mistake is in depth, the lower court’s punishment against the Defendant cannot be deemed as unfair because it is too unreasonable compared to the degree of the Defendant’s responsibility.

Therefore, prosecutor's assertion is without merit.

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