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(영문) 전주지방법원 2017.11.10 2017노1269
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. That the Defendant had no record of criminal punishment prior to the occurrence of the crime of this case, the recognition of the crime of this case and the violation of the mistake, and that the victims do not want the punishment of the Defendant by mutual consent with eight of the victims at the time of the trial, and that the same mistake will not be repeated again.

They are favorable to the defendant.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the following: (a) the fact that the amount recovered by the defendant on behalf of the creditor group is embezzled by consuming the amount collected by the defendant for personal purposes while on behalf of the creditor grouping 720 creditors for the case of embezzlement; (b) the amount of damage caused by the crime of this case is a large amount exceeding 65 million won; (c) the fact that it did not reach an agreement with most victims; and (d) some victims did not take any particular measures to recover the damage; and (e) some victims want to be punished against the defendant

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, 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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