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(영문) 창원지방법원 2013.09.26 2013노696

횡령

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (eight million won of a fine) is too unhued and unreasonable.

2. The judgment of the defendant was rendered at the Changwon District Court on April 9, 2009 that he had been sentenced to eight million won for fraud, etc. on July 6, 2009 and completed the execution of the sentence and committed the crime of this case in the period of repeated crime. However, it is recognized that the defendant committed the crime of this case in the Changwon Prison on July 6, 2009, even though he was found to have committed the crime of this case, the defendant was aware that he had committed the crime of this case, and that the sum of unpaid rental fees is not excessive to seven thousand won,919,60 won. The defendant paid 15 million won out of the value of the main body of the computer of this case and monitors of this case to the victim company. The victim company did not want the punishment of the defendant, and only eight million won out of the unpaid rental fees due to the agreement between the victim company and the defendant company, and the defendant paid five million won out of the amount equivalent to the above unpaid rental fees to the victim company according to the agreement, and the defendant's age, motive and circumstances, etc.

3. In conclusion, the prosecutor's appeal of this case 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.