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(영문) 부산고등법원 2015.06.24 2015노244
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the sentence of the court below's sentence against the defendant (three years of imprisonment) is too unreasonable.

Therefore, considering the favorable circumstances for the Defendant, such as: (a) the Defendant voluntarily surrendered to an investigative agency after committing the instant crime; (b) the confession of the said crime and reflects the Defendant’s mistake; and (c) the Defendant has no particular criminal record prior to and beyond a fine once, the instant crime does not seem to have been exceeded the discretionary power by taking into account the following factors: (a) the Defendant embezzled a large amount of money exceeding KRW 900 million as an employee in charge of the financial management of the victim company’s funds, and consumed with the Internet gambling funds, etc.; (c) the nature of the relevant crime was serious in light of the motive of the crime, amount of damage, etc.; (d) the failure to recover from damage; and (e) the failure to agree with the victim company; and (e) the overall sentencing conditions and sentencing guidelines for the enactment of the

Therefore, 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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