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(영문) 수원지방법원 2021.01.14 2020노6171

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment of the court below is acknowledged that the defendant recognized the crime of this case and against his mistake, etc., but the crime of this case has been committed by embezzlement of the price of goods paid by the transaction partner of the victim corporation C for a long time while working in the victim corporation C, and thus, the crime of this case is very poor in the nature of the crime in light of the frequency of the crime and the amount exceeding 130 million won, the damage amount exceeding 130 million won, etc., and the defendant was not recovered from the damage, and the defendant was partly recovered from the damage by means of giving up retirement allowances and benefits that the defendant and the defendant's attached to the defendant

One of the arguments does not provide objective data to support it;

In full view of the following facts: (a) the Defendant did not receive a letter from the injured person; (b) the Defendant had a criminal record and a criminal record of the same kind of crime; and (c) the Defendant’s age, career, sexual conduct, environment, motive and background of the crime, means and consequence of the crime; and (d) the sentencing of similar cases, which are the same as the various sentencing conditions shown in the records and pleadings, such as the circumstances after the crime, are too unreasonable.

Therefore, the defendant's above assertion is without merit.

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