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(영문) 서울고등법원 2013.05.24 2013노1185
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (two years and six months) of the court below is too unreasonable in light of the fact that the defendant did not have a criminal record against his or her own mistake and that the defendant reflects his or her mistake.

B. In light of the fact that the financial standing of victim D Co., Ltd. (hereinafter “victim”) is difficult due to the instant crime committed by the prosecutor (unfair form of punishment) by the Defendant, the sentence of the lower court is too unfeasible and unfair in light of the fact that the victim company is dissatisfied with the present crisis of respect.

2. The circumstances favorable to the defendant, such as the fact that the defendant is against his mistake, the fact that the defendant has no previous conviction, and the defendant has returned the amount of KRW 383.2 million to the damaged company, and the crime of this case is committed between January 26, 2011 and August 8, 2012 by the defendant working as the chief of the general affairs division of the victimized company, as shown in the list of crimes attached to the court below during the period from January 26, 2011 to August 21, 2012, when 219 times the amount of money used in business for the victimized company as stated in the list of crimes attached to the court below was embezzled of the damaged company property of KRW 872,910,184 as the goods of the victimized company, such as stocks and futures investment, and there is a considerable amount of damage. As seen above, even if the defendant returned to the victimized company, the defendant's considerable amount of damage is still not recovered due to the crime of this case, and the defendant's considerable motive and punishment are considered to the defendant.

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