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(영문) 창원지방법원 2018.01.11 2017노2734

업무상배임등

Text

The judgment below

The part of the defendant I against the defendant I is reversed.

Defendant

I shall be punished by imprisonment for a year and six months.

3.2

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ respective punishment (the penalty of KRW 1.6 months, KRW 14,473 million, KRW 1.2 months, KRW 1.1 year, KRW 1.95 million, KRW 1.2 million, KRW 42.2 million, KRW 1 year, KRW 32.2 million, KRW 1 year, and KRW 1.3 million, KRW 1 year, KRW 32.3 million, and KRW 1,308,000, KRW 13.3 million, and KRW 2 years, Defendant H: imprisonment, KRW 2 years: 2 years, Defendant J: 6 months, and KRW 120 hours of probation) of the lower judgment are too unreasonable.

B. Each of the punishments against Defendant A, B, C, D, E, H, and I of the lower judgment by the Prosecutor is too unfasible and unreasonable.

2. Determination

A. Determination as to the unfair sentencing of Defendant A, B, C, D, E, H, I, and Prosecutor 1) Defendant A’s case, Defendant A’s confession and reflects his own crime, Defendant paid all the amount of money that he received in breach of trust to the victim company, Defendant first offender, and Defendant’s surcharge imposed in the lower court is favorable. The fact that each of the instant crimes was committed in an organized and planned manner over a long time, and the number of the instant crimes was poor; the amount of damage caused by occupational breach of trust was increased to KRW 321 million; the amount of damage caused by occupational breach of trust was increased to KRW 140 million; and the amount acquired together with an illegal solicitation was about KRW 140 million; and the victim company sought a strict punishment against the Defendant.

In addition, considering the Defendant’s age, sex, environment, family relation, economic situation, background and motive leading up to the commission of the offense, and all other matters regarding the sentencing as indicated in the records and arguments in this case, the punishment of the lower judgment is deemed reasonable and there is no change of circumstances to be considered in the trial, and thus the assertion of the Defendant and the Prosecutor is without merit.

2) Defendant B, Defendant B’s confession and reflects his criminal act, Defendant paid part of the amount of damage to the victim company, Defendant’s primary offender, and Defendant and his spouse’s health.