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(영문) 서울북부지방법원 2015.04.09 2015노306
업무상횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant (4 months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. The Defendant’s crime of this case was committed under the entrustment of the Defendant to sell high-priced fluor from the victim E for his business purpose, and was under the custody of the Defendant to urge the Defendant to pay the sales proceeds. The Defendant embezzled fluor by refusing to return fluor on the ground of the processed person’s personal body, by transmitting false pictures to the Defendant, etc., and thereby, embezzled the crime. The offense is bad, and the Defendant refused to return fluor at a reasonable time from the time when the sale was entrusted, and even after the lapse of a long time without restoring damage, the Defendant appears to have suffered considerable mental pain, and even during the investigation process, the Defendant did not want to have his wrong act by denying the Defendant’s crime of this case by continuously carrying the processed person’s personal seal, but the Defendant was found to have committed a crime of this case, which led to the Defendant’s fault before and after his criminal history, and thus, was not subject to punishment for the Defendant’s occupational injury, including the Defendant’s motive and punishment for committing the crime of this case.

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