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(영문) 울산지방법원 2019.09.05 2019노597
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant are that the Defendant made a confession of the instant crime and reflects his mistake, and that the Defendant did not have any criminal record exceeding the fine, etc.

However, the Defendant’s crime of this case was embezzled by arbitrarily using approximately KRW 122,222,00,000,000 out of the total amount of foreign currency checks held in custody for the victim. In light of the Act on the Acceptance of Crimes and the Amount of damage, it is not good that the Defendant committed a crime. The Defendant did not notify the victim of the defense that multiple debts were not planned, but made a false appearance by actively using the following methods: (a) arbitrarily changing the check collection account to use the check collection account to repay personal debts, etc.; and (b) making false transactions into the existing check collection account; and (c) the right to collect the money; and (d) preparing an implementation agreement to punish the victims for criminal punishment if the victims fail to transfer the money to the full amount, it appears that the Defendant would not have been able to have been able to obtain all statements; and (e) the Defendant’s motive and consequence of the crime was too able to fully recover from the Defendant’s liabilities by taking into account the following circumstances: (e) the amount of damage was 12222, and 2220,0,0,0,0,0.

3. Conclusion.

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