(영문) 부산지방법원 2013.11.01 2013노1726 | 리걸엔진

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(영문) 부산지방법원 2013.11.01 2013노1726

업무상횡령등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

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

2. In light of the fact that the defendant embezzleds or defrauds money equivalent to approximately KRW 110 million in total from the victims for a long time, and arbitrarily cancels the registration of establishment of a neighboring mortgage which has already been established with the intent to establish a collateral security right to one of the creditors, the crime is very serious, such as forging and exercising the private document, and that the defendant did not reach an agreement with the victims and did not recover significant damage to the victims, it is necessary to punish the defendant strictly.

However, in light of the following: (a) the Defendant led to the instant crime from the lower court to the lower court; (b) the instant crime was committed on December 27, 2012; (c) the Defendant was sentenced to imprisonment with prison labor for six months on December 27, 2012; (d) the suspended sentence for two years on January 4, 2013; and (c) other various circumstances that form the conditions for sentencing indicated in the records, such as the Defendant’s character, character, environment, age, motive, background, means and consequence of the instant crime; and (d) the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355(1) of the Criminal Act (including the occupation of occupational embezzlement, including the occupation of occupational embezzlement), Articles 356 and 355(2) of the Criminal Act (including the occupation of occupational embezzlement), Article 347(1) of the Criminal Act, and the Criminal Act

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