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(영문) 대구지방법원 2014.07.17 2014노1635
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The Defendant is a primary offender, and is in profoundly against the mistake.

There are circumstances in which the defendant should support the wife and two young children.

However, the crime of occupational embezzlement of this case is the case where the defendant arbitrarily consumeds the company's funds for the repayment of his personal debt while engaging in the business of collecting money from the victim company, and the crime of defraudation of the victim C is also a 44 million won by taking advantage of the trust relationship with the victim.

Although the amount of damage caused by the instant fraud and occupational embezzlement reaches a total of KRW 1.1 million, the victim was unable to recover the damage or to agree with the victim, except the deposited amount of KRW 10 million for the victim B.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, it cannot be said that the sentence imposed by the court below is too unreasonable.

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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