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(영문) 의정부지방법원 2020.08.21 2020노1353
횡령
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant, taking advantage of the means and results of the telephone financial fraud crime, consumed the money deposited from the victim of the telephone financial fraud crime as gambling funds within a short time as an opportunity.

The amount embezzled by the defendant exceeds KRW 50 million, and the fact that the defendant did not pay damages to the trial is disadvantageous.

On the other hand, it is favorable for the defendant to recognize the crime of this case and reflect the mistake, and that the defendant has no record of being punished for the same crime.

In light of the fact that there is no change in the conditions of sentencing compared with the original judgment as the new sentencing data has not been submitted in the above circumstances, it cannot be said that the lower court’s sentence is too heavy or unreasonable because it is too unreasonable for the lower court to impose the Defendant.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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

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