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(영문) 인천지방법원 2015.02.06 2014노4611
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (seven months of imprisonment) is too unreasonable.

2. On the other hand, the fact that the defendant confessions and reflects the crime of this case, and that there is no criminal record of the same kind of crime is favorable to the defendant.

However, the Defendant committed the instant crime, which arbitrarily consumed and embezzled the purchase price of KRW 140 million acquired by selling one machine manufactured by the victim company from another person. As such, even though the amount of damage was a large amount, no particular measures for recovery from damage have been taken up up up to the trial. In full view of the Defendant’s age, family environment, circumstances before and after the commission of the crime, etc., the Defendant’s punishment against the Defendant is too unreasonable.

3. If so, the defendant's appeal 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.

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