(영문) 청주지방법원 2015.12.18 2015노1227 | 리걸엔진

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(영문) 청주지방법원 2015.12.18 2015노1227

업무상횡령등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and two months of imprisonment) is too unreasonable.

2. The Defendant appears to have committed the instant crime in a net manner and committed the instant crime in depth.

In addition, the Defendant seems to have committed the instant crime, which led to economic difficulties while supporting his parents' body, her three-year punishment, and her three-year punishment.

In addition, even though the Defendant was employed as a cargo driver of C, who is the victim of the instant embezzlement, and worked for about five months, it appears that the Defendant was not paid the wage separately, etc., should be considered in favor of the Defendant in the course of the determination of the punishment against the instant crime.

However, the crime of this case is that the defendant, who is a cargo driver of the victim C while transporting the cargo and uses the transport cost of the aggregate of 25 million won from the other party to the transaction for personal purposes without delivering the transport cost of the cargo to the above victim, and obtains the oil equivalent to about 2.8 million won necessary for the operation of the above cargo from the victim I even though he did not have the ability to pay the money, and obtains it by deceiving the victim M as he is the owner of the cargo, and obtains it by deceiving the victim M as he is the owner of the cargo, and the punishment of the illegality of the act is not less than that of the above vehicle.

The Defendant tried to know the victim C with the false statement that “the market price at which the parent received money from his/her parents is equivalent to three billion won,” and, in the event that the victim M did not deposit the money in a sales contract, he/she saw that he/she can dispose of the cargo vehicle to another person immediately.

In addition, the defendant did not take any measures to recover damage from victims.

Furthermore, "the defendant" is defined as "the victim C".

유사 판례

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