(영문) 울산지방법원 2017.11.30 2017노1002 | 리걸엔진

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(영문) 울산지방법원 2017.11.30 2017노1002

업무상횡령등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

The defendant is the first offender.

Unfavorable circumstances: The crime of this case is committed by embezzlement of the funds of the victim company up to KRW 420 million throughout a considerable period of time, in which the defendant is in charge of the receipt and disbursement of funds of the victim company, and it is not good that the crime of this case is committed by defrauding 45 million won from the representative director of the victim company.

The damage caused by the instant crime was not recovered.

The defendants' age, character and behavior environment including the above favorable circumstances, the relationship to victims, the motive means of crime, the circumstances after the crime, etc. of this case, and the conditions of sentencing and the scope of recommended punishment according to the sentencing guidelines (a year to September 1).

A. Basic crimes (Embezzlement and Misappropriation) / Embezzlement / Misappropriation / Misappropriation / None of the types 2 (at least KRW 100,000 or less than KRW 500,000) [the scope of recommended punishment] / Basic area (at least one year to 3 years)

(b) Class 1 concurrent crimes (Fraud) [Type 1] There is no type (less than KRW 100 million) [the scope of recommended punishment] (the scope of recommended punishment from June to June) basic area (the scope of recommended punishment from June to June).

C. In full view of the total sum of imprisonment with prison labor for the final sentence scope according to the standards for handling multiple crimes, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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