logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.07.16 2019노1636
업무상횡령등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment of the defendant is contrary to the recognition of all of the crimes of this case, and the defendant has no record of any other crime except the punishment of a fine for gambling once due to the crime of gambling.

The Defendant agreed with the victim F and J of the instant fraud crime.

The victim C corporation of the occupational embezzlement of this case is expected to pay or reimburse part of the damage to the complainant who is the actual victim due to the sale of the victim corporation.

However, the total amount of damage caused by each of the instant crimes reaches KRW 500 million.

The Defendant did not pay the amount of damage to the Victim K in the instant crime of fraud or did not agree with the Victim K. Although agreed with the Victim F, the Defendant did not fully pay the amount of damage to the Victim F.

Ultimately, the amount of damages caused by the instant fraud exceeds KRW 270 million.

The defendant, among the money embezzled or acquired by embezzlement, most of the remaining amounts except for the amount of 64 million won for the appointment of a person under detention, seems to have been hotly stuffed on the Internet gambling.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, relationship with the victim company, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is

Although there is no reason to appeal by the defendant, inasmuch as the decision of the court below is reversed by accepting the appeal by the public prosecutor, the appeal by the defendant shall not be dismissed.

arrow