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(영문) 수원지방법원 2013.09.05 2013노2767
업무상횡령등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) is too heavy or (the Defendant) and is deemed unreasonable.

2. The crime of this case is found to have been committed by the Defendant, while working at the meat wholesalers operated by the victims as business employees, embezzled the price of the meat by means of false preparation of a transaction statement, and caused property damage to the business entity by supplying low-price, and acquired money from the business entity for advance payment of the price of the meat from the business entity. The amount of damage caused by the act reaches KRW 6,600,000.

In particular, the crime is not good in that the Defendant committed the crime of occupational embezzlement of this case in that it committed the crime of occupational embezzlement of this case in a similar manner after withdrawal from the company of the victim K, which was employed again in the company of the victim K.

On the other hand, it is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is divided and contradictory to each other; and (b) there is no other criminal record except for punishment once by fine; and (c) the Defendant seems to have made a serious effort to recover from damage, such as partially repaying the victim D and C after the instant crime.

In full view of all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below shall be appropriate, and shall not be too heavy or less severe.

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

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