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(영문) 인천지방법원 2015.09.04 2015노903
업무상횡령
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence imposed by the court below on the Defendants is too unfasible.

2. Determination is based on the following facts: (a) even though the Defendants’ damage was high due to the instant crime, the Defendants’ damage was not fully recovered.

However, the defendants recognized the crime of this case, the payment of KRW 10 million to the victims, the defendants did not have the record of punishment for the same crime, the defendants used part of the embezzlement amount as entertainment expenses to expand the company, and the defendant Eul owned 75% of the shares of the victim company in the case of the defendant Eul. The prosecutor's point out by the prosecutor is the controlling shareholder who held 75% of the shares of the victim company in the case of the defendant Eul. The court below's order to provide community service is to be imposed upon the defendant Eul after considering all of the above circumstances, and the sentencing conditions specified in the arguments of this case such as the defendants' age, character and behavior, the circumstances after the crime of this case, etc. are considered, and it is difficult to accept the prosecutor's above assertion.

3. In conclusion, the prosecutor'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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