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(영문) 창원지방법원 2016.04.21 2016노217
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of imprisonment, one passbook for confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The Defendant, while serving as an employee of the Korea Saemaul Bank in the Jinhae Sea, embezzled or embezzled approximately KRW 296 million in total from victims over several years, and concealed the crime by using customer's personal information at will during which the Defendant, who is an employee of a financial institution, had committed the instant crime by using high-level ethical compliance consciousness and integrity, even though the need for high-level ethical compliance consciousness and integrity.

This is an act that damages the general public's trust in the fairness of the business performance of financial institutions and disturbs the financial order, and the harmful effects of which are large, and the nature of the crime is very high in light of the methods of crime and the amount of damage.

Nevertheless, in consideration of the fact that the defendant was the principal victim and was unable to reach an agreement with some victims, including the Saemaul Treasury, it is inevitable to sentence the defendant as a sentence.

On the other hand, the fact that the defendant led to the confession of the facts constituting an offense, the first offender, the defendant's wage or retirement allowance claim offset against the damage claim of the Saemaul Treasury, and the damage equivalent to 2,8680,000 won has been recovered, the defendant paid approximately KRW 185,530,000 to the Saemaul Treasury, which was advanced through the insurance that the defendant joined the Saemaul Treasury Federation by joining the Saemaul Treasury Federation, and the fact that he additionally agreed with some victims in the trial (Provided, That the data submitted by the defendant and the defense counsel alone made efforts to recover damage due to additional repayment or deposit based on his own funds.

It is difficult to see the circumstances that can be considered.

In addition, the court below seems to have determined the punishment of the defendant by taking into account all the circumstances, and the defendant's age, environment, sexual conduct, motive for the crime.

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