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(영문) 서울고등법원 2014.06.20 2014노782
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unfortunate and unreasonable.

2. We examine both the Defendant and prosecutor’s assertion of unreasonable sentencing.

The Defendant appears to have committed the instant crime and divided his mistake in depth, the amount of KRW 180 million out of the amount of the instant embezzlement was returned, the Defendant appears to have faithfully worked in the victim E Co., Ltd. up to the time of the instant crime, the Defendant had no record of criminal punishment, and the Defendant was detained in the Vietnam detention house due to the instant crime, etc. shall be considered as favorable to the Defendant.

However, the crime of this case was embezzled to use the amount of KRW 1.198 million, which the defendant kept in his office, for personal purposes, such as casino gambling funds, and the nature of the crime is poor, and the amount of unrepared damage exceeds the amount of KRW 1.1 billion, the circumstances unfavorable to the defendant should be considered.

In addition, taking into account the Defendant’s age, character and conduct, environment, motive and circumstance leading up to the Defendant to the instant crime, circumstances after the instant crime, etc., various conditions of sentencing indicated in the records, and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court Sentencing Committee applicable to the instant case (two to five years of imprisonment), etc., the sentence of the lower court is deemed appropriate, and it is too unreasonable.

It is not recognized that it is improper or too unhued.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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