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(영문) 창원지방법원 2015.07.09 2015노793
횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment with prison labor for four months and one year of suspended execution) is deemed to be too unhued and unfair.

2. The Defendant’s crime of this case is deemed to be disadvantageous to the nature of the crime because the Defendant arbitrarily disposed of the goods owned by the victim that the Defendant leased and used, and thus, the value of the goods is at least KRW 61 million, and the remaining debts of the Defendant are at least KRW 20 million,00,000,000,000,000,000,000,000 compared to the first half of the embezzled goods, the Defendant’s mistake is against the Defendant, and the Defendant has not committed any other criminal offense than twice the minor fine due to this type of crime, and has fulfilled its obligation in good faith. In full view of the sentencing conditions in the pleading, it is not deemed that the sentence of the lower

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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