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(영문) 서울고등법원 2013.05.09 2013노605
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant was the first offender and was aware of the instant crime in the victimized Company, and was committing a flight life for about eight months after committing the instant crime, and the Defendant was able to repent and surrenders to the police.

The embezzlement of this case does not seem to have committed the embezzlement of this case from the beginning because the amount of the embezzlement of this case was rapidly unfolded, as a result of a stock investment made in order to compensate for losses after making an investment in the money of the victimized company.

On the other hand, there was an economic difficult circumstance, such as the omission of hospitalization in the hospital due to urology and the support for his/her family, and the defendant transferred his/her claim for return of unjust enrichment that he/she has against the bonds company to the damaged company.

However, for about 2 years and 3 months, the Defendant embezzled the instant crime, and the actual amount of damage was over KRW 2.6 billion, and the actual amount of damage was over KRW 1 billion, thereby causing considerable damage to the victimized company. There was no money paid by the Defendant to recover the damage, and no money was used by the victimized company.

In addition, considering the character, conduct, environment, circumstances and result of the crime committed by the defendant, all of the sentencing conditions in the case, such as the circumstances after the crime, the sentence imposed by the court below is appropriate, and it is not recognized that the sentence imposed by the defendant is too inappropriate.

3. The defendant's appeal is dismissed on the ground that it is without merit.

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