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(영문) 부산지방법원 2015.07.02 2015노663
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. The fact that the Defendant recognized all of the instant crimes, and that the Busan District Prosecutor’s Office in 2010 issued a disposition of suspending prosecution for fraud is favorable to the Defendant that there is no special criminal record, except for those subject to the disposition of suspending prosecution for fraud.

However, in full view of the following: (a) the sum of damages incurred by each of the instant crimes is KRW 300 million and did not recover from damage; (b) there is no change of circumstances that may be considered in the sentencing from the pronouncement of the lower judgment to the trial; (c) the motive, background, means, and consequence of the instant crime; and (d) various circumstances that are conditions for sentencing specified in the instant records and arguments, including the circumstances after the crime; and (d) the outcome of the application of sentencing guidelines established by the Sentencing Commission, the sentence imposed by

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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