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(영문) 대구지방법원 2015.10.15 2015노164

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the Defendant are that the Defendant recognized the instant crime and reflects his mistake, and that part of the amount of damage was repaid through the Defendant’s repayment and guarantee insurance, etc.

On the other hand, the period of the instant crime is not shorter than the period of the instant crime, and the damage amount is higher than the sum of approximately KRW 7,000,000, and it seems that a significant damage has not been paid up to now, etc. are disadvantageous to the Defendant.

Considering the above circumstances and the circumstances that are the sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.