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(영문) 부산지방법원 2015.09.03 2015노2122
업무상횡령등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. As to the sentencing of the court below (two years of imprisonment), the defendant asserts that the sentencing of the court below (two years of imprisonment) is too unreasonable, and the prosecutor asserts that it is too uneasible and unreasonable.

2. As to the assertion of unfair sentencing by the defendant and prosecutor, the defendant was found to have committed the instant crime in favor of the defendant, the defendant recognized all the instant crime and reflects his mistake in depth, the defendant himself expressed his own criminal act in the company, the defendant has no record of punishment heavier than that prior to suspension of execution, there is a family member to support the defendant, and the defendant's long-term detention is likely to lead to the living of his family members in the event of the defendant's prolonged detention, and the defendant's return of retirement allowances received from the company, etc., taking advantage of the status of the custodian of the damaged company, and the defendant committed the instant crime in favor of the defendant, and the degree of damage was not less than 450 million won in total. The extent of damage caused by the instant crime was not less than 450 million won in total, and most damage was not recovered, and the crime in this case was committed over a long time, and the crime was not sufficient to use the private document forged in the course of embezzlement and breach of trust, and the circumstances and circumstances of the defendant, etc.

3. The appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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