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(영문) 창원지방법원 2016.02.18 2015노2792
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The judgment that the defendant led to confession of facts constituting an offense and is against the law

It is recognized that there is no criminal history of the same kind of crime, and some of the embezzlements stated in the facts charged are likely to have used for saving or faith, but the defendant has continuously embezzled D's revenue for more than one year, even though he/she has been aware of it and has been an example of others as well in this context, and he/she has embezzledd D's revenue for more than 1 year even though he/she has been an example of others. The amount of the embezzled amount exceeds 400 million won, and the amount of his/her embezzlement is large amount of money, and the crime is not likely to have been shown to have embezzled as planned by he/she to the head of the final office in charge of the accounting of Q in relation

Even though he has embezzled, the maximum amount of his embezzled money has not been used for saving or has not been disclosed in detail for saving.

In full view of the various sentencing conditions in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, circumstances leading to the defendant's crime of this case, means and result, the situation before and after the crime, etc., the court below's punishment is too unreasonable, and it is not recognized that the court below's punishment is too unreasonable, considering the following factors: (a) there is no effort to recover damage from the investigation stage to the trial; and (b) there is no special change in the trial; and (c) there is no other reason to change the punishment within the scope of the sentencing guidelines; and (d) there is no other reason to change the punishment in the trial; and (e) there are various sentencing conditions in Article 51 of the Criminal Act as stated in the records of this case.

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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