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(영문) 광주지방법원 2015.02.11 2014노3275

횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment recognizes the Defendant’s mistake, the damage was returned to the victim D, and the victim L does not want the Defendant’s punishment. However, the sum of the embezzlement and defraudation of this case is not specified as KRW 30 million, while the Defendant had the same criminal records of fraud, and in particular, the Defendant committed the instant crime during the period of repeated crime after having been sentenced to imprisonment for five months on April 4, 2012 and completed the execution of the sentence, and the Defendant did not agree with the victim D and I, taking into account the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, and environment, etc., as a whole, it is unfavorable for the Defendant to have committed the instant crime, and it is not recognized that the Defendant’s punishment is unfair because the Defendant’s argument is too excessive.

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.