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(영문) 광주지방법원 2016.12.20 2016노3907

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. Considering the circumstances in which the defendant voluntarily surrenders to the investigative agency, the defendant is likely to be subject to criticism because he/she embezzled KRW 117.1 million and lives in flight for about eight years, and he/she did not recover any damage up to now.

In addition, since the defendant was transferred to the bank account in the name of friendship as the chief of the general affairs of the D Association, and the victim was immediately commercialized and escaped, the defendant committed the crime in the planned manner.

In addition, the defendant seems to have consumed all of the embezzled money for personal purposes, and even though there has been a history of imprisonment with prison labor due to night-time intrusion larceny, he again committed the same crime.

On the other hand, there is no change in the sentencing conditions for the time of the trial.

In addition, the lower court’s sentence is not deemed to be too unreasonable if it is determined by comprehensively taking account of various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime.

Therefore, the defendant's assertion is without merit.

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.