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(영문) 광주지방법원 2016.09.28 2016노665

업무상횡령등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the 4 years of suspended sentence to 2 years of imprisonment) is too unfied and unfair.

2. The judgment of the defendant is not good for committing such crimes as using the personal information of Saemaul credit cooperatives customers whose branch offices are located in bad faith and reducing deposits.

The amount of damage in this case exceeds KRW 400 million.

This is disadvantageous to the defendant.

On the other hand, the defendant recognized his mistake as a whole and runs counter to his depth.

The victims recovered their damage in full.

There is no criminal conviction or fine exceeding the same criminal record or fine for the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.