(영문) 인천지방법원 2013.11.01 2013노1146 | 리걸엔진

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(영문) 인천지방법원 2013.11.01 2013노1146

업무상횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. In light of the following: (a) the instant crime is deemed necessary to punish the Defendant strictly in light of the following: (b) the Defendant embezzled a sum of KRW 27 million, including the sales price of goods, for a long time from May 201 to August 2011 while working as a staff member in charge of the sales of goods of the victim company; and (c) the nature of such crime is bad; and (d) the Defendant was unable to agree with the victim company until the trial.

However, in full view of the following factors: ① the Defendant recognized the instant crime and against his mistake; ② the Defendant paid a total of KRW 11,50 million to the victim company several times during the trial period; ② the Defendant is making efforts to repay the amount of damage in the future; ③ the Defendant is a primary offender who has no criminal record; ④ the Defendant has a child who should support the Defendant; ④ the Defendant’s age, family environment, and circumstances before and after the commission of the crime; and other various sentencing conditions as shown in the records and arguments, 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 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act (Special Consideration in favor of the defendant in the preceding sentence);

참조조문

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