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(영문) 수원지방법원 2020.02.07 2019노4581
업무상횡령
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The sentence imposed by the court below (one year and ten months of imprisonment) is too unreasonable.

2. The Defendant, along with C, embezzled KRW 285,90,000 as well as the funds of the Victim Association, which are accomplices, and thus, the nature of the crime is extremely poor. Since the Defendant directly involved in the provision of financial accounts and the transfer of money, and the disposition of embezzlement funds, as stated in the facts constituting the crime in the judgment below, the degree of participation in the crime is not weak.

Although there is no record of criminal punishment for embezzlement, there is a record of criminal punishment for more than ten times, including punishment for three times for a crime of fraud, a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.).

However, the Defendant recognized all the crimes of this case, and reflects his mistake.

The profits earned by the defendant through the crime of this case are less than C.

The defendant agreed with the victim's association in the trial, and the victim's association has not been punished.

In addition, considering the circumstances of the crime of this case, the circumstances after the crime of this case, the age, character and conduct, environment, etc. of the defendant, various sentencing conditions shown in the records and arguments of this case, etc., the punishment imposed by the court below is deemed unfair, and the defendant's assertion is reasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence, as stated in the corresponding column of the judgment of the court below, are the same as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369

Application of Statutes

1. Relevant Articles 356, 355(1), and 30 of the Criminal Act concerning criminal facts, and Articles 356, 355(1), and 30 of the Criminal Act, since the defendant has no identity as a custodian for business, the proviso to Article 33 and Article

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