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(영문) 서울동부지방법원 2015.12.18 2015노1380
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the Defendant was fully aware of the commission of the crime and reflects the mistake in depth, and that the Defendant was fully agreed with the victim of the crime of embezzlement on duty.

However, in full view of the following circumstances: (a) the amount of damage in the crime of embezzlement in the course of business exceeds KRW 110 million; (b) the amount of damage in fraud exceeds KRW 9 million; (c) the Defendant has forged and exercised documents in the name of a financial institution to have the victim of the crime of embezzlement in the course of business; (d) the Defendant has been sentenced once to a sentence due to fraud, etc.; (c) each of the instant crimes constitutes a repeated offense; (d) the Defendant has a criminal record of having been sentenced to a single sentence due to fraud; and (e) no special circumstance was presented to change the sentence of the lower court in the trial; and (e) other various circumstances that form the conditions

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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