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(영문) 인천지방법원 2018.07.06 2018노1481
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning for the appeal (one year and eight months of imprisonment) of the lower court is too unreasonable.

2. The first instance court notified the victim of the instant crime and voluntarily surrenders him to the victim to commit the instant crime. However, the amount of damage caused by the instant fraudulent act is a large amount of KRW 340 million, and even though the Defendant and the Guarantee Insurance Company have recovered part of the damage, the amount equivalent to the damage was still not recovered, and the Defendant and the Guarantee Insurance Company did not agree with the victim. In addition, taking into account other circumstances that form the conditions for sentencing as shown in the instant records and pleadings, such as the Defendant’s age, sex, family environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is groundless.

3. The defendant's appeal is dismissed. It is so decided as per Disposition.

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