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(영문) 광주고등법원 2018.05.03 2018노4

특정경제범죄가중처벌등에관한법률위반(횡령)

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant’s embezzled money exceeds KRW 900 million and the actual damage suffered by the victim reaches KRW 390 million; and (b) the Defendant did not recover additional damage in addition to the deposit of KRW 10 million in the first instance trial for the victim; and (c) other Defendant’s age, sex, criminal records, criminal records, the circumstances leading to the instant crime, and the circumstances subsequent to the instant crime, etc., which are the conditions for sentencing; (b) even if considering the favorable circumstances favorable to the Defendant, such as the Defendant’s voluntary return to Korea during the escape from overseas and being investigated, the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.