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(영문) 수원지방법원 2014.09.04 2014노3380
업무상횡령등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

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

However, there are circumstances unfavorable to the defendant, such as the fact that the sum of the damage of the victim E due to each of the crimes in this case reaches KRW 46 million, and that the defendant can have a record of punishment for fraud.

However, in light of the fact that the defendant paid a total of KRW 21.5 million to the victim and H who was delegated by the victim at the court below, and agreed to additionally pay the victim KRW 15 million to the victim at the court below, and that the victim expressed his/her intention not to be punished, that the defendant has the time of his/her deliberation while living in custody near two months as the case in this case, that the defendant has the time of his/her own deliberation, that the mistake is recognized and contradictory, and all other circumstances that are the conditions for sentencing specified in this case, 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 347(1) of the Criminal Act, Articles 356 and 355(1) of the Criminal Act (the point of fraud), the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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