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(영문) 창원지방법원 2015.01.29 2014노2666
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (two years of imprisonment) is too unreasonable.

2. It is recognized that the defendant's mistake and reflects his mistake, the fact that the defendant partially repaid the victim's damage, and the defendant has family members to support the defendant.

However, the crime of this case was committed by the defendant to be an employee of the victim Dispute Resolution Co., Ltd. who is engaged in the business of managing the dormitory apartment of the victim company, and was returned to the lessor the total amount of KRW 650 million from the lessor as the lease contract period for the apartment of the dormitory expires, and the remaining KRW 21 million was used in paying the interest interest of the defendant, etc., and each of the above bonds was embezzled for personal purposes. The damage amount is KRW 650 million, and the damage amount is not yet recovered if the defendant excluded the repayment amount, and there is no special circumstance or circumstance that may be newly considered in the sentencing after the decision of the court below, and there is no other special circumstance or circumstance that the defendant's age, character, environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc., which are the conditions for the sentencing and the records of this case, and it is not recognized that the punishment imposed by the court below is too inappropriate.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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