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(영문) 서울고등법원 2017.11.10 2017노2286
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) rendered by the lower court is too unreasonable (two years and six months of imprisonment) and the Defendant asserted that the Defendant was erroneous in fact on August 25, 2017, on the grounds of his appeal. However, the Defendant explicitly withdrawn the assertion of mistake on the second trial date ( October 25, 2017).

2. The Defendant, as an auditor of the Victim G Association (hereinafter “G Association”) established by the general secretary of the G Association established by the Victim G Association (hereinafter “G Association”), and the Victim H Scholarship Association established by the G Association (hereinafter “H Scholarship Association”), embezzleds large amounts of money up to 3 billion won for a prolonged period of about six years, for a period of six years, that is, the damaged person’s funds.

The crime of this case was held by the Korea Victims G Association

The 600 million won deposit assets are almost lost, and the scholarship project which is the purpose of the establishment of the victim H Scholarship is not properly carried out, and the victims are suffering damage.

In consideration of this, the responsibility of the defendant is not easy.

However, the crime of this case consists of the defendant's repeated withdrawal of money from the victim's account and then the victim's G association's actual amount of damages suffered by the victim's G association is much more than the amount of the above embezzlement, and the actual damages suffered by the victim's H scholarship association are unlikely to exist.

The victims' fault seems to cause the expansion of damage, such as the smooth operation and neglect of duties of the victim G association.

The defendant is against all of the crimes of this case for the first time, and the court below held that the victims do not want to be punished by the defendant by depositing KRW 130 million for the victim G association and paying additional KRW 240 million in the trial.

The Defendant has no record of criminal punishment exceeding the fine prior to the instant crime.

In addition, the defendant's age, sexual conduct, background and result of the crime of this case, circumstances after the crime, etc.

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