(영문) 서울고등법원 2018.10.26 2018노2024 | 리걸엔진

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(영문) 서울고등법원 2018.10.26 2018노2024

특정경제범죄가중처벌등에관한법률위반(횡령)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (four years of imprisonment) is too unreasonable.

2. The instant crime is a matter of arbitrarily withdrawing funds from the account of the victimized company and its affiliated company, which was managed for the occupational purpose while taking charge of the fund management of the D Co., Ltd., and embezzlement by consuming for the purpose of purchasing game items, or by using for the purpose of embezzlement, and by altering and using a bank balance certificate twice to conceal the crime of embezzlement.

In light of the fact that the nature of the above crime is not good, the embezzlement amount of KRW 1.4443 billion is large, and that most of the damage has not been recovered, and the size of the gambling amount is about KRW 2 billion, it is necessary to punish the defendant.

However, the defendant is the first offender, and all of the crimes of this case are recognized, and reflects his mistake in depth, and return 143 million won out of the amount of embezzlement to the damaged company.

The amount of the instant gambling is much less than KRW 2 billion because there are circumstances such as the Defendant again uses money for gambling by gambling. The amount used for purely gambling is much less than KRW 2 billion.

The defendant and his family members are trying to treat the gambling addiction of the defendant.

In addition, comprehensively considering various circumstances such as the defendant's age, sex, family relationship, motive, means and consequence of the crime of this case, the circumstances after the crime, etc., the court below's punishment against the defendant is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

[Grounds for the judgment to be used again] Summary of facts constituting a crime and evidence shall be the court.

유사 판례

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