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(영문) 대구고등법원 2020.10.15 2020노270
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

The circumstances favorable to the defendant include: (a) the fact that the defendant recognized the crime; (b) the defendant surrenders himself; (c) most of the profits accrued from the case was committed by the accomplice B, the president of the Korea Agency; and (d) the compensation for the damages incurred by the DD Corporation due to the instant case, etc., the damage incurred from the instant case was restored to a considerable portion of the compulsory execution against the defendant's property; and (d) the fact that there was no criminal record exceeding the fine by the defendant.

However, the Defendant conspired with B to embezzled large amount of money of D&D and U, or caused a big damage to D&D through breach of trust, and the amount of damage up to 7 billion won, the crime of this case was committed continuously and repeatedly over a long period from 2001 to 2009, and the relevant documents were prepared in falsity, and the Defendant has a big role in contributing to the crime of this case; the Defendant acquired illegal profits from B in return for participation; the Defendant left Korea for the purpose of avoiding punishment under B after the crime of this case or concealing the instant case; and the Defendant did not comply with an investigation for about 10 years after leaving Korea for the purpose of avoiding punishment under B or concealing the instant case; and the occurrence of interference with the exercise of legitimate judicial authority is disadvantageous to the Defendant.

In addition, in full view of the Defendant’s age, character and conduct, the environment of the Defendant, social relation, motive, means and consequence of the crime, various sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime, and the range of recommended sentences according to the sentencing guidelines, the sentence imposed by the lower court cannot be deemed to be unfair because it is too appropriate and too unreasonable.

Therefore, the defendant's assertion is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss the defendant's appeal.

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