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(영문) 서울중앙지방법원 2013.07.12 2012노4231

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than 10 months) by the court below is too unreasonable.

2. The instant case is a case in which the Defendant arbitrarily sold and embezzled the crackers (hereinafter “instant crackers”) owned by the Victim G, which the Defendant kept, to a third party.

Although the Defendant led to the instant crime and was charged with a post-scam and a trans-scam, the Defendant: (a) leased the instant clers necessary for blasting and shop construction; (b) but the construction was suspended, making it impossible to recover inputs; (c) sold the instant clers; and (d) sold the instant clers without permission by the representative I of Dasan Integrated Development Co., Ltd., the original contractor at the time of sale, despite the fact that the instant clers were not subject to disposal due to their ownership; (b) the amount of damage was reasonable until now; and (c) the amount of damage was not paid to the victim; and (d) all the sentencing conditions in the instant case, including the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, etc., are considered to be unreasonable

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.