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(영문) 제주지방법원 2014.07.03 2014노18
업무상횡령등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of three years of suspended execution in two years and six months of imprisonment, and a community service of two hundred hours of imprisonment) of the lower court is deemed to be too uneasy and unfair;

2. The crime of this case is acknowledged as not having good quality in light of the defendant's status, method of crime, period of crime and amount of damage, etc., although the defendant, who is a public official in charge of the disbursement of expenses, embezzled or fraudulently acquired money exceeding KRW 160 million in total by professional and planned methods, such as forging official documents or stealing another's financial management system account without authority for a long period of up to two years. The crime of this case is deemed to be committed in depth. The defendant recognized the crime of this case and reflects his mistake. The defendant is the primary offender, the defendant pays the total amount of embezzlement and defraudation of this case, the defendant served faithfully before and after being employed as a public official in around 190, the defendant was bound by the first instance court until the commission of the crime of this case, the defendant must support his child and mother, the defendant's age, character and behavior, the circumstances before and after the crime of this case, etc. are considered to be too unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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