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(영문) 서울중앙지방법원 2018.03.30 2017노3865
업무상횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) is too unreasonable.

2. Determination

A. The Defendant abused his occupational position and trust relationship with the victims, thereby causing considerable monetary damage to the victims.

In light of the law of the crime of this case and the amount of damage, etc., the crime of this case is not very good, and the victims have not been completely recovered until now.

Considering these circumstances, the sentence of sentence on the defendant is inevitable.

B. However, since the judgment of the court below, the defendant was led to confession and reflect of all crimes of this case and there was no record of the same crime, and the victims and the defendants were accused after the judgment of the court below.

In the civil litigation between I, conciliation was concluded between I, and as a result, I would be unfair because I would not be jointly responsible for the limit of KRW 490 million with the defendant and completed the registration of the establishment of the right to collateral security at least KRW 50 million with respect to the J apartment in Gangnam-gu Seoul, Seoul, which was purchased under that name, and at least KRW 490 million with respect to the damage amount, and the victims would have submitted an agreement and a written non-application for punishment against the defendant, and other circumstances that are conditions for sentencing as shown in the records and arguments, such as the defendant's age, health status, sex and environment, the circumstances and results of the crime in this case, and the circumstances after the crime, etc., the punishment imposed by the court below is somewhat inappropriate.

(c)

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for the judgment below] The summary of facts constituting a crime and evidence recognized by this court is different from the judgment below, except for the case where "victim G corporation" as stated in the actual disturbance of crime history is changed to "J".

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