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(영문) 대전고등법원 2014.10.17 2014노307
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years of imprisonment) is too unreasonable.

2. Determination of the grounds for appeal is an element of sentencing favorable to the defendant, such as the fact that the defendant recognized his/her mistake and reflects his/her depth, and there is no previous conviction exceeding the suspension of execution.

However, each of the crimes of this case is an embezzlement of a sum of KRW 960 million, including the Defendant’s arbitrary consumption of land purchase funds necessary for the development of a logistics complex from the victim F, or voluntary consumption of funds from the victim C, a source of investment funds from the above F and G, etc., and the nature of the crime is not good, the damage was not recovered, and the victim F is strongly seeking the Defendant’s punishment at an investigation agency, and all of the sentencing conditions shown in the arguments of this case, including the Defendant’s age, the background of the crime, the method and method of the crime, and the circumstances after the crime, etc., in light of the following factors: (a) in the absence of any change in sentencing grounds after the sentence of the lower judgment, it is not deemed unfair because the sentence of the lower court, which belongs to the sentencing criteria range (two to five years of imprisonment) set by the Sentencing Committee, is too excessive.

3. In conclusion, the defendant's appeal of this case 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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