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(영문) 의정부지방법원 2016.10.28 2016노2227
횡령등
Text

The judgment below

Of the judgments of the court below, the part concerning the No. 4 crime is reversed.

As to the fourth crime in the judgment of the court below.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each punishment (one year of imprisonment with prison labor and three months of imprisonment with prison labor) declared by the court below against the defendant is too unreasonable.

2. The circumstances are the following: (a) the Defendant was judged on the grounds of appeal for the part concerning the first or third crime in the judgment of the court below; (b) the Defendant appears to have committed all the crimes in question; (c) the victim Q Q revoked the complaint in the course of investigation; (d) the victim Q paid KRW 13.5 million to Q, which is part of the amount of damage; and (e) the Defendant supported his wife and his children.

However, in light of this part of the embezzlement and fraud crime circumstances, contents, methods, etc., the crime is not good; the amount of embezzlement is not more than 20 million won; the amount of fraud is more than 96 million won; the defendant is highly likely to commit the same kind of crime in the future without being aware of even though he was under the suspension of execution due to the crime of the same fraud; the defendant is still unable to agree with the victims other than the victim Q, most of the damage is not recovered; the damage has been punished for the same fraud; the court below seems to have determined the punishment in full consideration of the defendant's various circumstances; the defendant's age, character, environment, crime, method, circumstances, criminal records, criminal records, family relations, etc.; and other unfavorable circumstances, such as the defendant's age, character, environment, method, criminal records, criminal records, criminal records and arguments, etc., the court below's punishment against this part of the charges cannot be deemed to be proper and unfair.

Therefore, this part of the defendant's argument is without merit.

3. The crime of this part of the judgment of the court below as to the ground for appeal on the part of Article 4 of the decision of the court below is deemed to have been committed by the defendant by forging and using eight motor vehicle registration certificates.

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