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(영문) 인천지방법원 2018.03.16 2017노4683
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.

2. It is recognized that the Defendant had no criminal record of the same kind and imprisonment without prison labor or any heavier punishment prior to the instant crime, and that some damage has been compensated.

However, the crime of this case is not only embezzlement of money in the course of business by taking advantage of the trust relationship with the victim who is the main owner employed by the defendant, or fraud by deceiving the victim, but also the nature of the crime is not good, and the considerable part of the damage has not been recovered.

In addition, considering all the sentencing conditions shown in the arguments of this case, such as the age, sex, environment, etc. of the defendant, the sentence imposed by the court below is too unreasonable.

3. 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 groundless.

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