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(영문) 인천지방법원 2017.11.30 2017노2080
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (six months of imprisonment, two years of suspended sentence, and 80 hours of community service) is deemed to be too uneasy and unfair.

2. The crime of this case is acknowledged that the defendant arbitrarily used the victim's funds by deceiving that the defendant served as the victim's accounting staff and managed the company's public funds for about one year. In light of the method and content of the crime, etc., the nature of the crime is not good, and the damage recovery to the victim was not properly performed until the judgment was rendered.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant’s family members suffered from economic difficulties; (c) appears to have committed the instant crime; (d) there was no particular history of punishment in addition to punishment once as a fine for the same kind of crime in around 1999; (b) the amount of embezzlement up to approximately KRW 15,500,000; (c) the Defendant’s age, sex behavior; (d) the motive, means, and consequence of the instant crime; and (e) other circumstances that form the condition of sentencing, such as the circumstances after the instant crime, the sentence imposed by the lower court is too uneasible and unreasonable.

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

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) and Article 189 of the Criminal Procedure Act.

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