2014No1650 Occupational embezzlement (name of partial recognized crime: Occupational Breach of Trust)

A

Defendant

Notarial iron, Lee Jin-hun (Public trial)

Law Firm AD

Attorney AE

Seoul Central District Court Decision 2013Da6622 Decided April 30, 2014

2014, 7.24

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

In light of the fact that the Defendant recognized the instant crime and reflects on the fact that the Defendant actually operates the victimized company and agreed to pay damages to the victimized company, the fact that the Defendant might be dismissed from the workplace when the sentence of the lower court is finalized, that the Defendant contributed much to the industrial development of Korea’s broadcast content industry, that the Defendant did not have any specific criminal power other than a fine once, etc., the lower court’s punishment (one year of imprisonment and two years of suspended execution) is too unreasonable. 2.

In full view of the following: (a) the period and scale of the instant crime; (b) the Defendant’s age, character and conduct; (c) the environment; and (d) the relationship between the victimized company and the injured company; and (c) the circumstances behind the instant crime and the circumstances behind the instant crime, etc., the lower court’s punishment is too unreasonable even if considering the circumstances of the Defendant’s assertion, even though it is too unreasonable.

3. Conclusion

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit.

The presiding judge and the voluntary judge rules

Judges Laos

Judges Lee Jae-uri