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(영문) 서울고등법원 2013.04.19 2013노73

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (four years of imprisonment) is too unreasonable.

Judgment

There are circumstances that may be considered in light of the circumstances, such as the fact that the defendant repents and reflects his mistake, the fact that the defendant found the Korean Embassy while living in the country of escape and returned voluntarily to the Republic of Korea, and the part of the damage from embezzlement was repaid by the financial guarantor.

However, the crime of this case was committed by the defendant while working as the president of the victim credit union, and there is a high possibility of criticism in light of the law of crime, the status of the defendant, the relationship between the defendant and the victims, etc., and the damaged amount reaches KRW 1 billion and most of them have not been recovered. The defendant has been living in flight for more than 10 years since he escaped to China immediately after the crime was committed, and most of the damaged amount was used for personal purposes, such as repayment of the defendant's debt, and all kinds of sentencing conditions such as age, family relation, family relation, criminal record, character and behavior, environment, motive and circumstance of the crime, means and method of the crime, etc. are considered as being too unreasonable. Thus, the defendant's assertion is without merit.

With respect to the misapprehension of legal principles or mistake of facts, the defendant shall make a misapprehension of legal principles or a mistake of facts in the supplementary appellate brief submitted after the deadline for submitting the appellate brief is as follows.

In relation to the embezzlement of this case, the Defendant’s embezzlement of this case that the victim D Credit Union actually paid to its members, 383,198,145 won, and the part of embezzlement of KRW 90,000 on September 9, 200 as well as the part of embezzlement of KRW 90,000,000, has been compensated by both accomplices, and the victim union against the fidelity guarantor.