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(영문) 서울중앙지방법원 2013.08.09 2013노1904

횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 12 million) imposed by the lower court is too unreasonable.

2. The instant case is a case in which the Defendant arbitrarily sold and embezzled precious metals, reputations, etc. equivalent to KRW 34 million which the customer entrusts to a third party while running a company selling second-hand goods, and delayed payment of wages of KRW 2 million for workers G.

Although the defendant led to the crime of this case, the majority of the victims are the victims, and the victims have not been paid damages until now, the court below already reduced the amount of fine to KRW 16 million under the summary order to KRW 12 million in consideration of the circumstances leading to the crime of this case, and there is no change in circumstances thereafter, and all the sentencing conditions of this case including the defendant's age, character, behavior, criminal record, environment, circumstances after the crime, etc., the punishment imposed by the court below is not unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.