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(영문) 울산지방법원 2016.05.20 2015노1342
횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. The following facts are favorable to the Defendant: (a) the Defendant recognized the instant crime and against his mistake; (b) there is no record of criminal punishment; and (c) the Defendant did not want the punishment against the Defendant by mutual agreement with H and the victim of embezzlement.

However, the transfer of the electronic financial transaction access media of this case requires strict punishment in that it not only undermines the credibility of the safety and performance of financial transactions, but also can be a means of various other criminal acts. Furthermore, the Defendant’s assertion is without merit, taking into account the following circumstances: (a) the nature of the crime, such as withdrawing the money deposited in his/her account and committing the crime of embezzlement; and (b) the Defendant’s age, sexual conduct, family relationship, motive and circumstance of the crime; and (c) the conditions for sentencing specified in the trial process, such as the circumstances after the crime was committed.

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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