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(영문) 서울중앙지방법원 2018.09.13 2018노1038
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal by the defendant is that the punishment of the court below (one year and six years of suspended sentence of imprisonment) is too unreasonable.

2. The amount of embezzlement is very large of KRW 500 million in total, and the nature of the crime is not weak in light of the motive of the crime, such as embling the embezzled money in gambling;

However, there are no changes in circumstances to be different from the court below's punishment, in light of the favorable circumstances or the court below's agreement that the defendant paid the total amount of damage and agreed with the victim.

3. In light of the above circumstances and the Defendant’s age, sex, environment, criminal record, family relation, and circumstances after the crime, the lower court’s punishment is deemed appropriate.

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

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