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(영문) 대구지방법원 2017.08.23 2016노4621
횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to four million won) is too unreasonable.

2. The facts that the judgment of the defendant led to the confession of the crime of this case, and that the defendant seems to have returned 1.8 million won out of the embezzled money to the victim are favorable circumstances.

However, in this case, when the defendant lent an access medium while promising to receive compensation and the access medium was used for the crime of Bosing, and the victim's money was transferred, the crime is not good because part of the money was embezzled, and the lending of the access medium in this case is necessary not only to disturb the financial order, but also to severely punish the social malicious behavior, such as facilitating Bosing crimes, and thus, it seems that the defendant did not return 2 million won out of the amount embezzled by the defendant to the victim; the defendant committed the crime of embezzlement in this case despite the history of the same crime; the court below seems to have sentenced to a fine reduced than the summary order in consideration of the defendant's favorable circumstances; and there is no change of circumstances to change the punishment determined by the court below.

In addition to the above circumstances, considering the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, the circumstances after the instant crime, etc., the sentence imposed by the lower court cannot be deemed unfair on the ground that the Defendant’s punishment was inappropriate.

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

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