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(영문) 서울중앙지방법원 2014.07.24 2014노1650
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant recognized the instant crime; (b) the Defendant actually operates the victimized company; (c) the Defendant paid damages to the victimized company and agreed to do so; (d) the Defendant could be dismissed from the workplace when the sentence is finalized; (e) the Defendant contributed a large amount of money to the development of the broadcasting content industry of the Republic of Korea; and (e) the Defendant has no specific criminal power other than a fine once, etc., the Defendant’s imprisonment (one year of imprisonment and two

2. In full view of the period and scale of the instant crime and the circumstances favorable to the Defendant, the lower court’s sentence is deemed to have been determined by considering the Defendant’s age, character and conduct, environment, relationship to the victimized company, the circumstances and result of the instant crime, and all the sentencing conditions indicated in the instant pleadings, such as the circumstances after the instant crime, even if considering the circumstances of the Defendant’s assertion, it cannot be deemed that the lower court’s sentence is too unreasonable.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.

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