(영문) 부산지방법원 2018.08.17 2018노1510 | 리걸엔진

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(영문) 부산지방법원 2018.08.17 2018노1510

업무상횡령

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the Defendant merely used KRW 300 million as operating funds of the victim company, and did not have used them for personal purposes, but the court below found Defendant 1 guilty of the facts charged in this case. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the Defendant’s assertion of mistake of facts: (i) the Defendant recognized the fact that the Defendant used the instant loan as a business fund in the investigative agency (Evidence No. 1, No. 274, No. 3, No. 40, No. 41 of the evidence record); (ii) the Defendant used the instant loan to the Defendant’s office (Evidence No. 3, No. 154, and No. 183 of the evidence No. 154) as a business promoted by E, a separate company operated by the Defendant at the time of not the victim’s company (Evidence No. 1, No. 278-282 of the evidence No. 1, No. 278 of the evidence record) by using the Defendant’s office (Evidence No. 278-282 of the evidence record), as stated in the judgment of the lower court, in consideration of the fact that the Defendant embezzled the Defendant’s property of the victim company by using the Defendant’s assets.

Therefore, the defendant's above assertion is without merit.

B. The lower court rendered the aforementioned sentence by factoring in the circumstances favorable to the Defendant and unfavorable to the Defendant in determining each of the unfair sentencing arguments by the Defendant and the Prosecutor.

The complainant G submitted a written withdrawal of a complaint when it comes to the first instance, and including this, the defendant's age, sexual conduct, environment, and motive and means of committing the crime.

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