logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.01.19 2016노2679
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. The judgment that the defendant led to the confession of criminal facts and reflects the criminal facts, 2 days short of the embezzled money, 151 days later deposit the proceeds from the sale of the public auction vehicle and the entrusted account with the collection of the vehicle license plate and returned all of them. The first criminal who has no criminal history is favorable to the defendant.

However, the crime of this case requires strict punishment as it is used for personal purposes by the defendant who shall observe the fairness and integrity as a public official by voluntarily withdrawing the proceeds, etc. from the sale of public auction vehicles in his/her custody or by transferring them to another person's account. The defendant embezzled money amounting to approximately KRW 30 million in total over 35 times for a period of not less than one year, and there is no special change in the nature of the crime, and there is no other circumstance that the defendant has changed in the depth. In full view of all other circumstances, the defendant's age, environment, sex behavior, motive for the crime, and circumstances before and after the crime, etc., which are the conditions for the punishment as shown in the records and arguments of this case, it cannot be deemed that the sentence of the court below is unfair

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.

arrow