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(영문) 서울북부지방법원 2015.04.02 2014노1651
업무상횡령
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty imposed by the court below on the defendant (the fine of 3.5 million won) is too unreasonable.

2. The Defendant’s crime of this case revealed that the Defendant embezzled part of the amount collected on behalf of the obligee group for personal use while he/she has been in custody for the obligee group. Although the nature of the crime is bad, the Defendant did not have any record of being sentenced to punishment by committing the same kind of crime or more severe punishment than a fine, and the Defendant expressed his/her intent that the above victims do not want the Defendant’s punishment by mutual consent with the victim E, M, N,O, P, and F, and that it was necessary for the Defendant to pay part of the amount collected from the obligee group with all kinds of expenses, etc. in the process of raising funds to collect the claim from the obligee group by acquiring goods payment claims from the obligor on behalf of the obligee group or selling the goods after receiving payment or delivery. Moreover, considering the motive, circumstance, etc. of the Defendant resulting in the instant crime, there is no reason to consider the Defendant’s punishment before and after the instant crime was committed, the Defendant’s age, character and conduct, occupation, family relation, and other circumstances indicated in the record.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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