(영문) 의정부지방법원 2019.10.17 2019노2276

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.10.17 2019노2276

업무상횡령

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (five months of imprisonment) is too unreasonable.

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

2. The Defendant and the Prosecutor’s assertion are not acceptable, in full view of the following circumstances, and the sentencing factors revealed during the instant pleadings, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime.

The Defendant made a confession in favor of ① A favorable circumstance.

(2) There shall be no same electric power, no criminal record after 2003 shall be used, and no record of exceeding the fine shall be used.

1. The crime of this case was committed in a disadvantageous manner by taking advantage of the circumstances that the defendant came to know while working in the victim company, and then establishing the same company with the victim, and then deducted the original part of the victim from the victim. It is not good to commit the crime.

(2) The amount of damage had not been agreed with the victim, but did not fully recover from the damage.

③ The victim also wanted to be punished against the defendant.

In other circumstances, the Defendant alleged that he actively participated in the instant crime, but even if so, the Defendant committed the instant crime for the benefit of the company established by the Defendant, and is one of the subjects who received benefits from the instant crime.

② The Defendant asserts that the sentence against the Defendant should be determined on the basis of KRW 24,210,00,000 of the amount of embezzlement that D was found guilty. However, at the time of the conviction of D, the crime of embezzlement exceeding the above amount was additionally discovered, and the amount of embezzlement jointly with D constituted KRW 30,840,00,00. As such, the sentence against the Defendant cannot be deemed to be unreasonable even if it was determined on the basis of KRW 30,840,00 of the amount of embezzlement.

(3) The victim is against the customer of the defendant.

유사 판례

-서울중앙지방법원 2017.01.13 2015가단5260802

-서울중앙지방법원 2014.01.24 2013가합532567

-서울고등법원 2013.05.24 2012노4467

-부산고등법원 (창원) 2019.09.04 2019노77

-인천지방법원 2020.02.07 2019노3804