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(영문) 서울고등법원 2015.11.26 2015노2719

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) that the court below sentenced to the defendant is too unreasonable (five years of imprisonment).

Judgment

Although there are favorable circumstances for the defendant, such as the fact that all of the crimes of this case were committed in the victim church, the confessions of all of the crimes of this case, the payment of 93 million won to the victim church, and the fact that there is no other record of criminal punishment except for the punishment once due to drinking driving, the defendant has been subject to a fine. However, this case embezzled a large amount of money exceeding 1.435 million won in total for 11 years and 3 months in charge of the accounting of the victim church, or by the method of deducting some of the contributions from the victim church or cancelling deposits or cancelling deposits, and uses 70 million won in order to prevent the crime from being discovered in the process, it is hard to say that the defendant arbitrarily suffered a big loss on property of the defendant church due to the crime of this case, such as the fact that the crime of this case and the crime of this case are not suitable, and that there is no mental trust between the defendant and the defendant's church, and that there is no mental trust in the defendant church's ability to use the funds of the victim.