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(영문) 창원지방법원 2015.06.04 2015노799
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (two years of imprisonment) is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflects his fault when he was in the trial, and that there is a family member to support the defendant.

However, even though the amount of damage caused by the instant occupational embezzlement and fraud reaches approximately KRW 500 million in total, the victims did not submit any particular data on the recovery of damage until the trial in the past, and the fact that the Defendant had been punished several times due to the same kind of crime in the past is considered disadvantageous to the Defendant. In addition, considering the following circumstances: (a) there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment; (b) the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime; and (c) the circumstances after the crime were committed, it is not recognized that the sentence imposed by the lower court is excessively unreasonable.

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

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