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(영문) 창원지방법원 2020.12.18 2020노1107
업무상횡령등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

except that this judgment.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the prosecutor asserts that the respective sentence of the court below against the Defendants (three years of suspended execution, one hundred and twenty hours of community service, two years of suspended execution in October, two years of suspended execution, two years of suspended execution in June, and two years of suspended execution in June) are deemed to be unfair, and that Defendant A and B are so excessive that each sentence of the court below is too unreasonable.

Defendant

A explicitly withdrawn the assertion of misunderstanding of facts or misunderstanding of legal principles on the first trial date of the trial, and on October 27, 2020, Defendant B withdrawn the assertion of misunderstanding of facts or misunderstanding of legal principles through a supplementary statement of reasons for appeal from October 27, 2020, and only on the first trial date of the trial

2. Determination

A. The case of each of the crimes of this case where Defendant A embezzled the property of the victim association or inflicted property damage on the property of some of the members in connection with the new construction business conducted by the victim association, and gave false testimony in civil procedure, is not easy. The crime of occupational embezzlement and occupational breach of trust in this case is damaged by the victim association, the defendant led the crime of occupational embezzlement and occupational breach of trust in this case, and the principal witness was demanded to make a false statement in the investigation process. The victim association members of the victim association wanted to punish the defendant, and the defendant was punished for imprisonment with prison labor due to fraud, embezzlement, and misappropriation, etc., and criminal records are imposed several times.

On the other hand, all of the crimes of this case committed in the trial against the defendant's wrongness, and in the case of the crime of perjury, the fact that the defendant does not seem to have any core issue of the civil procedure, and it seems that the contents of perjury did not affect the result of the lawsuit, and it is still in the trial.

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