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(영문) 서울동부지방법원 2015.10.22 2015노1045

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment with prison labor imposed by the lower court is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant made a confession of all the crimes and repents of errors, the fact that there is no criminal record except for those punished twice by the fine of this kind, and the Defendant repaid 11 million won out of the amount of embezzlement.

However, during the period from August 2012 to November 2014, 2014, the Defendant: (a) continuously embezzled large-amount of products and goods with a total of KRW 178 million over 151 times and used them as gambling funds, etc.; (b) only partially repaid the amount of embezzlement; and (c) did not agree with the victim; and (d) examined the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (b) examined the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the amount of the punishment imposed by the lower court is inappropriate and does not seem to be unreasonable.

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.