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(영문) 서울중앙지방법원 2016.11.24 2016노2938
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and six years) imposed by the court below on the defendant is too unreasonable.

2. The judgment of the court below and the appellate court have favorable circumstances for the defendant, such as the fact that the defendant recognized the crime of this case and reflects the defendant, and that the defendant deposited 10 million won each at the court below and the appellate court for the victim. However, while the defendant took overall charge of the sale and the collection of the headquarters from around February 2011 to around July 201, the trust relationship with the victim was lost while continuing to commit the crime of this case for a long time from around October 2012 to around July 2015, the crime of this case is very poor; the crime of this case is deemed to have committed the crime of this case; the victim did not recover or reach an agreement even though the sum of the embezzlement amount exceeds KRW 340 million; the victim wanted to punish the defendant strictly until the appellate court; the defendant has been sentenced to imprisonment for an occupational embezzlement of the company's funds that the defendant worked as an employee in charge; the defendant's motive to commit the crime of this case is not deemed to have been intentionally concealed within the sentencing range of 1500 million won or more.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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