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(영문) 인천지방법원 2014.12.12 2014노3459

업무상배임

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the fact that the crime of this case committed by the defendant, while serving as an employee of the victim company, deposited the money received from the customer into the account of the company and used it to implement the contract with the relevant customer for a long time, and used it at will during the long-term period, and thus, the crime of this case is bad in the nature of the crime. In light of the circumstances, the victim company suffered damage that may lose the customer's trust due to delay or termination of the implementation of a considerable travel contract concluded by the defendant under the name of the victim company as well as monetary damage, and the defendant did not take measures to compensate the damage, such as agreement with the victim company or additional repayment of the amount of damage, etc. up to the trial, it is recognized that it is necessary to punish the defendant with severe punishment, and

However, in light of the following: (a) the defendant's time to commit the instant crime; and (b) the fact that the defendant misleads the defendant; (c) approximately KRW 200,000,000 out of the amount of damage so that travelers who have contracted with the victim company can actually travel or compensate for the damage; (d) the instant crime is in the concurrent relationship between the crime established on August 1, 2014 and the latter part of Article 37 of the Criminal Act, which requires the determination of punishment in consideration of equity with the case where judgment is rendered at the same time under Article 39(1) of the Criminal Act; and (e) other various sentencing conditions as shown in the records and arguments, such as the defendant's age and behavior environment, and the circumstances before and after the crime

4. Accordingly, the judgment of the court below is reversed under Article 364(6) of the Criminal Procedure Act, and the defendant's assertion of unfair sentencing is justified.