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(영문) 대구지방법원 2020.02.07 2019노4232

배임수재

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

, however, from the date this judgment becomes final.

Reasons

1. As to the summary of the grounds for appeal against the Defendants, the prosecutor asserts that the prosecutor is too unfasible and unfair, and the Defendants are too unfasible and unfair.

2. We examine both the Defendants and the Prosecutor’s assertion.

The defendants recognize their mistakes and reflect their mistakes, and the defendants are the primary offenders, etc. are favorable conditions to the defendants.

However, while the defendants are in charge of apartment construction business of the D Regional Housing Association (hereinafter referred to as the "D Association") in the Dispute Resolution Co., Ltd, the defendants violated their duties and committed the crime of this case in violation of their duties even though they have duties to perform the related business fairly in accordance with the business agreement between the D and the D Association, etc.

In particular, the circumstances leading up to the specific crime, Defendant A introduced G to the persons concerned with G while expected to receive money and valuables, etc. for personal management purposes. Defendant A was also punished for entering into a loan brokerage contract at the fee rate desired by G to the persons related to D cooperatives. Since the Defendants received some of the loan brokerage service charges received from D cooperatives, it is difficult to view that there was no damage on the side of D cooperatives.

The total amount of money received by the defendants is very high as 60 million won, and there is a high possibility of criticism.

In full view of such unfavorable circumstances and other circumstances as the Defendants’ age, character and conduct, environment, family relationship, motive for committing the crime, and circumstances after committing the crime, the lower court’s respective punishment against the Defendants is deemed unreasonable.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again

. Defendants