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(영문) 수원지방법원 2014.12.15 2014노5899
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

2. The crime of this case, while the defendant managed the building owned by the victims, was arbitrarily used in violation of his duties by embezzlement of lease deposit or violation of his duties. The total amount of damage amounted to KRW 850 million, forged or falsified a number of private documents for the crime, etc. It is very poor that the damage caused by the crime of this case was agreed with some victims, but the damage was not completely recovered from the crime of this case, and the defendant committed several years after the crime of this case, and the defendant violated his mistake, and the circumstance that the victim D and the AU withdrawn a complaint was already reflected in the court below's sentencing or was already reflected in the court below's sentencing, and there was no change of circumstance that is to be considered in the sentencing newly after the sentence of the court below, and there is no other change of circumstance that is to be considered in the sentencing, and it is not unreasonable to impose the court below's punishment on the records and arguments of this case, including the defendant's age, character and behavior, environment, motive and circumstance before and after the crime.

3. In conclusion, 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.

However, facts constituting the crime No. 3 of the judgment below

(a) 6) The phrase “410” in paragraph (6) is a clerical error of “401”, and thus, in accordance with Article 25 of the Regulations on Criminal Procedure, it shall be corrected to “401”

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