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부산지방법원 2016.01.29 2015노2289

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the circumstances such as the confession of the instant crime against the Defendant’s mistake when the Defendant was in the trial of the party, and the fact that there is no record of criminal punishment or criminal punishment heavier than a suspended sentence of execution, and that the remittance of KRW 300,000 to the account of the victim would have been made to a certain extent to the extent that the damage was recovered.

However, the crime of this case was committed while the injured person was in custody of 9,673,090 won and received a request for remittance and return of the above amount of KRW 9,373,09,00 from the employees in charge of Nonghyup, and embezzled it by refusing to return the remainder of KRW 300,000,000. Thus, the crime of this case was considerably poor in light of the law and content of the crime. Nevertheless, the defendant continued to deny the crime of this case by asserting to the purport that the investigative agency and the court of the court of the court below have appropriated the above KRW 300,00,000 from the defendant to the court of the court of the court below, and the circumstances after the crime were not good, such as the equity in sentencing with the same or similar case, the defendant's age, sex, act, environment, motive and circumstance of the crime, etc., and other various conditions of sentencing as shown in the arguments after the crime were committed.

Therefore, we cannot accept the defendant's above assertion.

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