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(영문) 대전지방법원 2016.07.13 2016노1212
업무상횡령
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year and six months of imprisonment) is too unreasonable.

2. The instant crime is deemed to have embezzled the amount of KRW 122,200,000,000, such as sales proceeds, for a period of two years, while the Defendant was working as an employee in charge of the victim EF’s trust and the sales of goods. The crime of this case is heavier than the nature of the crime in light of the relationship between the damaged agricultural cooperative and the Defendant, the period and method of the crime, and the amount of embezzlement.

However, there are more favorable circumstances, such as the fact that the Defendant was seriously resisting the instant crime, that the Defendant was paying 67,40,000 won to the injured agricultural cooperative, and that the Defendant repaid 67,40,000 won to the injured agricultural cooperative, and actually recovered the damaged part of the injured, that the Defendant was a first offender with no criminal history, that the Defendant had faithfully worked for at least 22 years prior to the instant case, such as granting official commendation from the injured agricultural cooperative, and that the Defendant’s family and neighbors want to take the Defendant’s wife against the Defendant, and that the Defendant’s family and neighbors might not be healthy, and that the Defendant would have suffered economic difficulties due to his loss of work due to the instant case.

Taking into account the above circumstances and motive leading up to the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, sexual conduct, family relationship, occupation, etc., and the conditions for sentencing as shown in the arguments and records, it is recognized that the sentence imposed by the lower court is somewhat unreasonable due to the lack of sentence imposed by the Defendant.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for the new judgment] Criminal facts and summary of evidence against the defendant recognized by this court and summary of evidence are "1."

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