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인천지방법원 2019.10.17 2019노1873
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

On the other hand, it is favorable that the representative director of the victimized company submitted a written application for the correction of the defendant's wife, and that the defendant did not have any other criminal records except for those sentenced to a fine once.

However, the damage suffered by the victimized company is not completely recovered, and the crime of this case is embezzled by the Defendant for about two years and seven months, and the nature of the crime is not good in light of the period of the crime or the amount of the embezzled money, and the Defendant used the embezzled money to repay or purchase the vehicle, to invest in stocks, or to pay the drinking value, etc., and taking full account of the circumstances leading to the crime of this case, the background of the crime of this case, the criminal records, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other various circumstances, which are the conditions for the sentencing specified in the argument of this case, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is not reasonable.

Therefore, the defendant's appeal of this case is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.