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(영문) 서울남부지방법원 2013.09.26 2013노1115
사기등
Text

The defendant's appeal is dismissed.

Reasons

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (six months of imprisonment) is too unreasonable.

Therefore, it is true that there are circumstances to consider the defendant, such as the fact that the defendant was aware of all the crimes of this case and the defendant was divided in depth with his mistake, and that the defendant has no power to commit a crime.

However, in full view of the following circumstances: (a) the Defendant, while working as an accounting manager of the victim company, used the corporate card of the victim company for personal purposes; (b) the Defendant continuously used the corporate card even after retirement; (c) the Defendant did not recover damage to the victim company; (d) the lower court did not reach an agreement with the victim company; and (c) the lower court determined the punishment in consideration of the circumstances favorable to the Defendant; and (d) there was no special change in circumstances or circumstances that may be considered in sentencing; and (e) other circumstances that form the conditions for the arguments and the sentencing specified in the records of the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the circumstances that the Defendant and his defense counsel asserted as the grounds for appeal, it is not recognized that the Defendant’s punishment imposed by the lower

Therefore, the defendant and his defense counsel's assertion is without merit.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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