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(영문) 서울고등법원 2016.06.22 2016노1144
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (three years of imprisonment) with prison labor is too unreasonable.

However, the crime of this case committed by the Defendant was committed by purchasing a department store with a total of KRW 710,000,000,000 by the card of the victimized person, and used it as personal stock investment, etc. at cash discount.

The circumstances favorable to the defendant can be taken into consideration, such as the fact that the defendant has led to the confession of all of the crimes in this case and is against the society late, that the defendant has no record of being subject to criminal punishment before, that the defendant supports his wife and her children, and that the economic situation of his family is rapidly difficult due to the detention of the defendant.

On the other hand, the fact that the amount used by the defendant after deducting the defendant reaches KRW 710 million, the defendant paid to the victim the amount of KRW 10 million among them, and the fact that the damage was almost not recovered, and the victim wanted to punish the defendant, are disadvantageous to the defendant.

In full view of the following circumstances, the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, circumstances after the crime was committed, and the sentencing guidelines of the Supreme Court Sentencing Committee, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit.

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