(영문) 창원지방법원 2014.12.10 2014노2353 | 리걸엔진

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(영문) 창원지방법원 2014.12.10 2014노2353

횡령

Text

1. The judgment below is reversed.

2. The defendant shall be punished by a fine of KRW 10,000,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The crime of this case was committed while the defendant received 66,750,000 won from the victim for the purpose of paying additional income tax when settling a partnership with the victim D, and was kept in custody, and the victim returned 54,939,000 won excluding the victim's share of 11,81,000 won, but the defendant refused to do so and embezzled it, which is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime in the trial of the political party; (b) deposited KRW 54,939,00 for the victim on October 20, 2014; (c) the result of the application of the sentencing guidelines by the sentencing committee of the Supreme Court (the scope of recommending punishment: (a) the period of imprisonment from January to one year; and (d) the damage has been restored to a considerable portion of the special sentencing factors); and (e) the Defendant’s age, character and conduct; (b) the background, means and consequence of the environmental crime; and (c) other various circumstances that form the conditions of sentencing as shown in the instant records and pleadings, such as the circumstances after the crime.

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each 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 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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