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(영문) 광주지방법원 2014.07.23 2014노1148
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the favorable circumstances, such as the fact that the defendant recognized his mistake, the first offender, approximately KRW 11 million is deemed to have been repaid to the damaged company, and the fact that there are two children who should support the defendant. However, while the defendant has committed a repeated crime with his occupational trust as an accounting employee of the victimized company for a considerable period, and the embezzlement amount is large of KRW 145 million, and most of the damages have not been recovered and the injured company has not agreed with the victimized company, and the court below seems to have determined the punishment by fully taking into account the circumstances favorable to the defendant, and there seems to have been no change in circumstances that would have been different from the judgment of the court below. In full view of the circumstances leading up to the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, environment, etc., the defendant's punishment is too unreasonable. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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