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(영문) 서울동부지방법원 2013.12.24 2013노1329

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the lower court’s sentence against the Defendant is too unreasonable.

2. The following circumstances are favorable to the Defendant: (a) the Defendant appears to have committed the instant crime while accepting the judgment; (b) the Defendant’s spouse was in prone to death, etc.; and (c) the Defendant was committed by committing the instant crime in order to raise his spouse’s medical expenses and his family’s living expenses; and (b) there are some circumstances to consider the motive and circumstance of the instant crime; and (c) the Defendant was subject to the criminal punishment of KRW 1,00,000 as a result of the instant crime in 201, without any special criminal record.

However, the crime of this case is deemed to have embezzled the liquor price of KRW 78,602,00 in total for a considerable period from January 5, 2011 to October 4, 2012 when the defendant who had been engaged in the business of receiving money while working in the liquor company operated by the victim and embezzled the victim's trust, and it is not good to commit the crime in light of the relationship between the defendant and the victim, the period of the crime of this case, the amount of damage amount, etc., and the defendant did not take all measures to recover damage except for KRW 2,00,000 for the victim at the court below, and the victim wanted to take a strict punishment for the defendant. The court below seems to have reflected the above favorable circumstances, and there is no change of circumstances that might change the punishment differently in the court below, and the sentencing factors of this case, such as the defendant's age, character and behavior, occupation and environment, the circumstances and result of the crime, etc. after the crime, are too inappropriate.

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.