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(영문) 서울서부지방법원 2014.05.15 2013노1419
횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The judgment of the court below embezzled part of the transfer price of apartment sales right as in this case during several times for the victim, and it appears that the defendant performed a normal duty with respect to the remaining resale of apartment sales right, and that the defendant would pay the amount of damage in the amount of KRW 1 million per month, which was actually remitted to the victim on May 14, 2014, the victim's relation, motive and means of the crime, the defendant's motive and means of the crime, the fact that the defendant was sentenced to a fine in 199, and other various sentencing conditions such as the defendant's character, character, environment, etc., it cannot be said that the sentence of the court below is too unreasonable.

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

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