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(영문) 수원지방법원 2016.09.29 2016노4405
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The fact that the judgment has no record of punishment for the same kind of crime until the defendant, the defendant's wife, etc. want to leave the defendant's wife, and the fact that the crime of this case and the defendant's forgery of private documents for which the judgment has become final should be considered at the same time as the judgment has become final and conclusive, etc. are favorable to the defendant.

However, during the crime of embezzlement against the victim D among the crime of this case, it is relatively larger than KRW 150,000,000,000,000,000 for the damage suffered by the victim as a result of the crime of embezzlement of the victim D. In order to be employed as a regular member of the used car sales store operated by the victim D, it was revealed after the crime of the above embezzlement that: (a) it was revealed that the defendant stolen the certificate, etc. of H’s seal impression without permission and forged the financial guarantee under the name of H to deliver it to the above victim; (b) the above victim cannot be compensated for the damage caused by the above embezzlement by the defendant's financial guarantor; and (c) the victim's age, sex, environment, family relationship, etc. is still unlikely to recover properly; and (d) taking full account of all the sentencing conditions as shown in the argument of this case, it cannot be deemed that the punishment

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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