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(영문) 대전지방법원 2015.10.07 2015노1851
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the Defendant are that the Defendant, who made a confession of the instant crime and reflects his depth on his mistake, and that there was no particular criminal power, in addition to being punished by a fine for a pro rata crime in 197.

The fact that the amount of fraud (including KRW 177,2710,00) is a very large amount, the fact that the defendant committed a crime over a long-term period using trust related to his/her duties, and the company where the defendant was working and the guarantee insurance company repaid the amount of damage to the victim. However, the circumstance that the defendant made efforts to recover damage does not appear, and the extent of the recommended sentencing guidelines of the Supreme Court's sentencing committee [the range of recommended punishment] the basic area (one year to five hundred million won) [no person] of the basic area (one year of imprisonment) (one to three years) of the sentencing guidelines of the Supreme Court's sentencing committee, is disadvantageous to the defendant.

In full view of the above circumstances and other circumstances that lead to the instant crime, including the circumstances and motive, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, there is no change in circumstances to determine different from the original judgment and the punishment, and the scope of the recommended sentencing guidelines, the lower judgment’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable

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

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