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(영문) 수원지방법원 2013.10.31 2013노4016

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment with labor for not less than ten months is too unreasonable.

2. It is recognized that the judgment defendant led to the confession of the crime of this case and reflects against the defendant.

However, in full view of the circumstances leading to the instant crime, including the circumstance leading up to the instant crime, the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., such as the fact that the Defendant committed the instant crime as the victim’s staff members, used the company’s funds for personal purposes, the nature of the crime is poor, and that there is no change in circumstances that led to the Defendant’s failure to agree with the victim company until the amount of embezzlement is extremely large, and the amount of embezzlement was extremely heavy

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