(영문) 서울북부지방법원 2016.01.06 2015노1937

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(영문) 서울북부지방법원 2016.01.06 2015노1937

업무상횡령등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case is committed by the Defendant’s act of transferring money from the Internet bank account of the victim to the Defendant’s bank account over 270 years and over 270 times through the Internet bank transaction to the Defendant’s account, and then embezzlement by consuming it for personal purposes. The crime of this case is serious; the method and method of the crime of this case are more intelligent planned; the amount embezzled by the crime of this case exceeds KRW 110 million in total; the number of embezzleds is more than 278 times in total; and the victim’s money embezzlement is more than 278 times in total; and the victim’s money was embezzled even during the process of taking over the business after withdrawal from the insurance agency of the victim.

On the other hand, however, the defendant confessions all of the crimes of this case and is in violation of depth, the defendant's demand for repayment of obligation at the time appears to have caused the crime of this case. Among the crimes of this case, the actual amount of damage is 56 million won by returning part of the amount embezzled by the defendant among the crimes of this case. After the judgment of the court below, the defendant agreed with the victim to pay 13 million won to the victim and pay the remainder to the victim a certain amount each month, and the victim is not punished against the defendant. The defendant is the first offender with no past record of crime, the defendant has an opportunity to look at his mistake through detention over 2 months, and considering all the sentencing conditions of this case such as age, character, environment, family relationship, the circumstances and result of the crime of this case, the court below's punishment against the defendant is too unfair.

3. If so, the defendant's appeal is reasonable.

유사 판례

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