beta
(영문) 서울중앙지방법원 2018.02.01 2017노2919

횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

The sentence (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

The crime of this case was committed by the Defendant in the process of the civil suit related to the victims (registration of transfer of ownership by the Seoul Central District Court 2012 together 52231, and registration of transfer of ownership by the Seoul High Court 2013Na 2019340) but the trust relationship with the victims was maintained on three occasions, and the amount of damage is not much high, and thus the crime is not good, and there is no agreement with the victims, etc., which are disadvantageous to the Defendant (the copy of the complaint of the lawsuit 52231 case was served on August 16, 2012 at least on the part of the victims at the time of registration of establishment of the right of trust of each of the instant case, and at least there was an intention of embezzlement and an intention of unlawful acquisition of the relevant shares established in the mutual trust relationship between the victims at the time of registration of establishment of the right of trust of each of the instant case and the victims.

However, considering the fact that the defendant recognized the crime of this case and reflected against the defendant, the registration of the establishment of the right to collateral security was cancelled at the court below No. 3 of the crime list (Evidence 3 and 5 submitted by the defendant), the registration of the establishment of the right to collateral security was cancelled at the court of appeal No. 1 of the crime list (certified copy of the register attached to the document submitted by the defendant on January 31, 2018), the damage was recovered. In the case of the registration of the establishment of the right to collateral security security, No. 2 of the crime list No. 2 of the crime list, the maximum amount of the claim is set at KRW 30 million. However, considering the appraisal value of real estate and senior collateral security, the damage amount is set at KRW 10,783,90, the actual amount of the secured obligation is less than that amount, and there was no record of punishment for the crime other than

In addition, considering the various circumstances that are the conditions for sentencing as shown in the records and pleadings of this case, such as the Defendant’s age, environment, sex, motive of the crime, and circumstances before and after the crime, the sentence of the lower court is too unreasonable.

The conclusion is.