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(영문) 수원지방법원 2015.01.08 2014노6584
업무상횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (compactingly unfair) Sentencing by the lower court (two years and six months of imprisonment) is too unreasonable.

However, in light of the motive and method of the crime, etc., the victim damage amount of the L/C, which resulted from the crime of this case, amounts to 260,474,349 won in total, and the defendant is disadvantageous to the defendant, such as the fact that the crime is very poor.

However, in light of the fact that the defendant paid 50 million won to the victim company and agreed that the victim company would not want the punishment against the defendant, the defendant has no criminal power in addition to the fine imposed once due to the violation of the Road Traffic Act (driving), the fact that there is no error, the fact that the mistake is recognized, and all other circumstances that are conditions for the sentencing specified in the instant case are considered, the sentencing of the court below is too unreasonable.

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3

Application of Statutes

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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