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(영문) 인천지방법원 2014.07.18 2014노1574
횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and two months of imprisonment) is too unreasonable.

2. The judgment of the court below acknowledged all of the crimes of this case when the defendant was in a trial, and is in violation of depth, and the sum of the amounts to be repaid through the details of passbook transaction (the trial record 74 to 78) of the defendant who submitted to the court below at least 37 million won or 39 million won by paying damages on several occasions in relation to the crime against the victim M among each of the crimes of this case is KRW 129,180,000. This is the same as the amount of repayment made by the defendant to the investigative agency (the evidence record 133 pages) and the above victim stated as the amount of payment made by the investigative agency.

(Evidence No. 46). However, the defendant alleged that he paid KRW 131,180,00 in the court of the court below (which seems to have been asserting that he paid KRW 19 million on February 19, 2013, unlike the above account transaction details), and the victim also appeared in the court of the court of the court below to the effect that the defendant's reimbursement is against the above alleged amount. However, this does not coincide with the above account transaction details, etc., which is the only amount of the defendant's payment. This does not coincide with the above account transaction details. This is the fact that only the amount is unpaid, and in relation to the crime against Q, the amount of KRW 2,162,00 is still unpaid, and there is no history of punishment for the same crime, and there is no history of the defendant's past, and each crime can be judged simultaneously with the crime before and after the court of the court below's decision. However, there are favorable circumstances such as the fact that multiple victims of the crime of this case were not recovered due to the defendant's fault.

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