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(영문) 수원지방법원 2014.01.16 2013노4415
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in light of all the sentencing conditions, the lower court’s punishment (2.5 million won of fine) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the Defendant’s mistake as a primary offender is divided and reflected in depth; and (b) the Defendant’s final settlement has been maintained between the victim; (c) despite the fact that the Defendant transferred the Plaintiff’s account in the name of the Defendant to the Defendant’s account in the name of a large retailer, the Defendant arbitrarily transferred the money deposited into the said account from the large retailer to the Defendant’s Macks account; (d) the Defendant’s withdrawal and use of the said account is a large amount of money exceeding 64 million won; (e) the Defendant did not reach an agreement with the victim until the trial; (e) the victim did not want to be punished; and (e) the court below appears to have determined punishment by fully considering the circumstances favorable to the Defendant; and (e) there was no change of circumstances that could change the punishment of the court below after the issuance of the judgment below; and (e) taking account of all the circumstances of the records and arguments in this case, the sentence imposed by the court below is unreasonable.

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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