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(영문) 대전지방법원 2014.03.20 2014노52
업무상횡령등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have embezzled KRW 47,00,000 through 22 times for a long time after forging documents in the name of the victim company without authority and opening a bank account for a long time, and the nature of the crime is not good in light of the amount of damage and the method of committing the crime. The defendant's above assertion is justified, since it is acknowledged that the defendant is not guilty, and there is no criminal record other than the fine, the defendant does not want the punishment of the defendant by mutual consent with the victim, and the defendant does not want the punishment. In light of the defendant's age, character and behavior, family environment, motive and circumstance of the crime, method and consequence of the crime, etc., the defendant's punishment is too unreasonable.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 356 and 355(1) of the Criminal Act concerning criminal facts; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on the crime of uttering of a falsified investigative document due to the submission of an application for transactions of forgery heavier than the criminal situation)

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

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