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(영문) 전주지방법원 2014.02.07 2013노1342
업무상횡령
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The crime of this case is determined by comprehensively taking account of the following circumstances: (a) the Defendant, as a member of the fund team of the victim, voluntarily consumed and embezzled the construction cost, etc. kept by the Defendant for the victim to the head of the Tong; (b) the nature and circumstances of the crime are inferior; (c) the Defendant’s embezzlement amount is reasonable; (d) the Defendant did not reach an agreement with the victim despite the considerable amount of embezzlement; (c) there was no record of punishment exceeding the amount punished for the same crime; (d) the Defendant recognized the crime of this case; (e) the Defendant was seriously against the Defendant’s mistake; (e) the amount equivalent to the amount embezzled by the Defendant deposited into the transaction company of the victim for the victim; and (e) the damage was considerably recovered by depositing it to the victim’s transaction company, etc.; and (e) the Defendant’s age, character, environment, family relationship, and circumstances after the crime, etc., the Prosecutor and the Defendant’

3. In conclusion, the appeal by the defendant and the prosecutor are dismissed in accordance with Article 364(4) of the Criminal Procedure Act since the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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