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(영문) 부산지방법원 2015.07.02 2015노897
횡령등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the gist of the reasons for appeal (eight months of imprisonment), the prosecutor asserts that the sentence is too uneasible and unreasonable, and the defendant asserts that the punishment is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant has led to the confession of the instant crime; and (b) the equity with the case of being tried together with the final judgment.

However, in light of the fact that the amount of the fraud of this case was acquired by the victim E despite the fact that the victim did not reach an agreement or whose damage was not recovered, and that the defendant did not return his seal imprint, etc. to C even though recognizing the fact that he did not return his seal imprint, it is merely a failure to return it. However, if the defendant does not properly explain the location or place of use of the seal imprint, he can be presumed to have embezzled it once by taking into account the above circumstances (see, e.g., Supreme Court Decision 2006Do538, Sept. 6, 2007). The court below already determined the punishment by taking into account the above circumstances, and there was no change of circumstances that could vary between the court below and the punishment, the court below determined the punishment by taking into account the following factors: the defendant's age, character and behavior, intelligence and environment, relationship with the victims, motive, means, results, and circumstances after the crime.

Therefore, the prosecutor and the defendant's argument of unreasonable sentencing is without merit.

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

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