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(영문) 부산지방법원 2017.06.29 2017노1409
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and four months) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the circumstances such as the defendant's recognition of the crime of this case and reflects on the defendant, and that the defendant does not have the same power.

However, in this case, the Defendant’s voluntary consumption of the amount equivalent to KRW 160,530,00,000, such as the liquor value which the Defendant had kept in his/her office while working as the president of the amusement center, and embezzled the amount of KRW 160,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000, was not recovered, and the Defendant repaid the victim E of the amount of embezzlement to KRW 5,9

However, it is insufficient to recognize this only by the evidence submitted by the Defendant (the message content sent and received by the Defendant between N).

In full view of the following circumstances: (a) the victim E in the course of occupational embezzlement and loan fraud wanted to be punished by the Defendant; (b) the Defendant has four times ad hoc force; (c) the Defendant escaped before the sentencing date of the first instance trial; and (d) the Defendant proceeds by the public disclosure service; (c) there is no change of circumstances that may be particularly considered in the trial; and (d) other various conditions of sentencing as indicated in the records and changes of the instant case, such as the Defendant’s age, sexual behavior, environment, etc., the sentence imposed by the lower court is not heavier.

3. Accordingly, 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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