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(영문) 청주지방법원 2014.09.12 2014노696
업무상횡령등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination is reasonable in light of the following: (a) the Defendant recognized each of the instant crimes and reflects the Defendant’s recognition; (b) the O, a temporary work agency of the Defendant, fully repaid the amount of damage to the victim D Co., Ltd.; (c) the O is seeking the Defendant’s wife in the trial; and (d) the fact that there was no record of criminal punishment after being sentenced to a fine in 2001.

Meanwhile, the crime of this case is an unfavorable circumstance to the defendant, such as embezzlement of the money of the victim D Co., Ltd. repeatedly while working for the victim D Co., Ltd. for a considerable period of time, embezzlement of the lease deposit received from the lessee to pay to the lessor in the course of brokering real estate, and there is no circumstance to deem that the victim did not reach an agreement with the victims up to the trial and took measures for recovery of damage, such as direct repayment of damage, etc.

Considering the above circumstances and all of the sentencing conditions shown in the records and arguments of this case, such as the Defendant’s age, character, behavior, career, and environment, the sentence against the Defendant is too unreasonable.

It can not be deemed improper because it is too unfeasible or too unfased.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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