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(영문) 서울중앙지방법원 2017.01.26 2016노4667
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (six months of imprisonment) is too unreasonable.

2. Although there are favorable circumstances for the defendant, such as the fact that the defendant recognized all of the crimes, against whom the defendant committed the crime, and that there is no criminal history against the defendant, the defendant committed the crime in this case from around 2002 to the victim company with trust relationship with the victim while engaging in the sale and collection of software in the sale and collection business, and the crime of this case is not less severe, and the defendant did not receive damage recovery or agreement even though the embezzlement amount exceeds about 60 million won, the defendant, who is the collection company, and the defendant paid the amount equivalent to the amount embezzled by the defendant, on behalf of the victim, and the defendant prepared a fair certificate of debt repayment contract with the E representative K, and thus, the defendant prepared a fair certificate of debt repayment contract with the E representative K, and thus, the defendant should be considered as favorable circumstances. However, the defendant did not submit the document to the creditor and the defendant as the debtor as to the defendant's debt repayment amount to the defendant's debt repayment amount (the document to supplement each of the defendant's debt redemption amount as to the 21,507,200 million won.).

In full view of various circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence imposed by the lower court cannot be deemed to be unfair because the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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