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(영문) 울산지방법원 2017.03.24 2016노2194

업무상횡령등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of this case, the punishment imposed by the court below (eight months of imprisonment) is too unreasonable.

B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too uneasible and unreasonable.

2. The grounds for appeal by the Defendant and the Prosecutor are also examined.

The fact that the Defendant recognized all of the instant crimes, the fact that the Defendant has paid some of the mobile phone bills and telephone bills opened by stealing the name of the Defendant, the fact that the lower court agreed with the victims of the fraud, the fact that the victim of the occupational embezzlement deposited KRW 15 million for the victims of the crime, the fact that the victim paid deposit money, the fact that a significant amount of damage has been recovered by withdrawing the deposit money, and the fact that there are circumstances that may be considered to have resulted in the Defendant’s crime by pressure on the performance.

The crime of this case is that the defendant, while taking charge of the opening and opening of the mobile phone agency, has forged and exercised the application form for joining the mobile phone several times, has sold the mobile phone terminal, etc. which was opened by stealing the name while engaging in sales, etc. at the mobile phone agency in the operation of the victim J-operation and has embezzled the sales proceeds for personal purposes, and has embezzled money for the victim's property under the name of the victim without the intent or ability to arrange the marina branch, and has acquired money in a planned and same way without the intention or ability; the method of committing the crime is committed repeatedly; the defendant has reached an agreement with some victims or has not reached the recovery of damage; and the defendant has several records of punishment for the same crime are disadvantageous to the defendant.

In full view of the above favorable circumstances, the Defendant’s age, sex, environment, motive and circumstances leading to the instant crime, and the circumstances before and after the instant crime, etc., and all other circumstances constituting the conditions for sentencing as shown in the pleadings.