(영문) 서울고등법원 2014.10.23 2014노2035 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2014.10.23 2014노2035

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the court below sentenced the defendant to two years of imprisonment with prison labor and ordered the defendant to provide community service for 200 hours in addition thereto, and the sentence imposed by the court below is too unreasonable.

In particular, since the defendant is old and it is impossible to implement community service for 200 hours due to the recent shoulder operation, the order of community service of the court below is excessive to the defendant.

2. Determination on the grounds for appeal

A. There are circumstances favorable to the defendant, such as the defendant's age of 70 for the two years of imprisonment and the three years of suspended execution, the defendant's age of 70, and the defendant's age of 2 times of fine prior to the instant case, there is no record of criminal punishment, and the victim's company is a single company or a family company

However, the defendant transferred the above company to Co-defendant A and B by selling 161,400 shares of the victim company, and entered into a contract with the defendant to receive cash payment until January 20, 2008, and then, the head of the accounting division of the victim company's company ordered N that "the purchase price is in excess of A, and the company's funds are executed." The defendant embezzled the company fund of 2.6 billion won by transferring the company fund from the victim company's passbook to the passbook B to the passbook in the name of the defendant, thereby making the company fund deposited in the passbook in the name of the defendant, but he embezzled the company fund of 2.6 billion won, the defendant argued that "the co-defendants of the first instance court would have received the company fund by collusion." Considering that the defendant's criminal act was revealed during the investigation, and the defendant's criminal act was prosecuted, even if the defendant appears to be the time of the crime of this case, the punishment of the court below against the defendant is unreasonable.

Therefore, this part of the defendant's argument is without merit.

B. Defendant on the part of the community service order.

유사 판례

-부산지방법원 2016.10.20 2016고단490 (1)

-의정부지방법원 2016.06.23 2016노370

-서울중앙지방법원 2016.11.08 2016고단6569

-울산지방법원 2017.12.15 2017고합215

-대구지방법원 포항지원 2016.09.26 2016고합43