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(영문) 서울고등법원 2016.12.02 2016노3087
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the court below on the defendant (two years of imprisonment) is too unhued and thus unfair or too unreasonable;

(2) The Defendant: (a) The instant case is a case in which the Defendant, who served as a business employee at a victim company engaged in the business of selling the savings bank’s lending products on behalf of another and was engaged in the business of paying the loans, embezzled the amount of KRW 749,570,000 over about 14 times for a period of about 10 months.

① Under unfavorable circumstances, the lower court: (a) committed the instant crime, such as embezzlement of large amounts on several occasions during a short period of time and consumption of gambling funds, etc.; (b) committed the instant crime; (c) committed the crime, the nature and nature of the embezzlement period, and the amount of the embezzlement; (d) continuously on the condition that the Defendant would be paid monthly payments, even after having become aware of the instant embezzlement; and (e) did not file a complaint; (b) caused the Defendant to file the instant complaint as a result of the theft of the Defendant’s vehicle owned by the victim and the Defendant’s failure to attend there any longer; (c) the circumstances following the instant crime were defective; (d) the amount equivalent to KRW 360 million in the case of the Defendant’s assertion; and (e) the sum of the amount equivalent to KRW 749,570,000 in the case of the Defendant’s assertion, the sum of the amount equivalent to KRW 390,000,000,000 in the amount calculated by deducting the remainder of KRW 39,570,00 million in the following.

Until now, the victim company did not return to the victim company, and the victim company wanted to have a strict punishment against the defendant, and ② for favorable circumstances, the defendant committed the crime of this case and reflects his mistake. In addition to the amount of the embezzlement of this case, the defendant must return 63 million won borrowed from H, the actual operator of the victim company, in addition to the amount of the embezzlement of this case.

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