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(영문) 광주지방법원 2013.09.25 2013노1212

업무상횡령

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. The judgment of this case is that the defendant purchased apartment in the name of the defendant with the funds of the victim company, and the amount of embezzlement is large to KRW 267,80,000,000. The defendant was found to have been punished once by the crime of this case and six previous offenses, but the defendant is found to have committed the crime of this case. The defendant led to the confession of the crime, which reflects his mistake. The defendant purchased the apartment and appropriated the above apartment as business funds of the victim company by borrowing KRW 300,000 from the Industrial Bank of Korea under the name of the victim company as the security of the apartment. The above loan principal and interest and interest of the victim company and the amount of existing principal and interest of KRW 287,325,541 were not repaid, and the Industrial Bank of Korea received dividends of KRW 287,325,541 as the representative director of the victim company, and the defendant, as the representative director of the victim company, has invested considerable part of the defendant's personal funds to the victim company. The defendant's age, character, character, character, circumstances and circumstances leading to the crime, and circumstances.

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.