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(영문) 광주고등법원 (전주) 2014.08.26 2014노116
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) asserts that the sentence of the court below (five years of imprisonment) is too unreasonable, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair.

2. We also examine each of the grounds for unfair sentencing by the Defendant and the prosecutor.

The crime of this case is committed by the defendant, who is an employee of the victim company, committed losses by forging the victim company's trust and embezzlement of the victim company's property, and is not in compliance with the law applicable to the crime of embezzlement of this case, such as forging various documents to commit the crime of embezzlement of this case. The amount of losses by the victim company is large exceeding 1.9 billion won, not only the agreement with the victim company but also the damage of the victim company, and the defendant was unable to recover part of the victim company, and most of the embezzlement of this case was put into gamblings such as sports discussions. The defendant also withdrawn 1.3 billion won by means of forging a loan transaction agreement or inputting false information into the computer computer network before the crime of this case was committed while he was engaged in loan business as a loan owner of AP agricultural cooperative prior to the crime of this case. Thus, the defendant did not accept the defendant's punishment of unfair sentencing since he committed the crime of this case without prison labor (three years and six months), and there was an attitude that the defendant violated the defendant's depth and nature, the defendant's environment, and the result of this case, etc.

3. As such, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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