업무상배임등
The judgment below
All parts, excluding the dismissed part of the application for compensation, shall be reversed.
The defendant shall be sentenced to one year of imprisonment.
1. The court below rejected, respectively, an application for compensation for the remainder of money 129,486,360 won, excluding the amount of damage caused by the breach of trust by B, an applicant for compensation, and an application for compensation by C, a stock company. Since an applicant for compensation is unable to file an objection against the judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, this part of the application for compensation became final and conclusive immediately, the part dismissing the application for compensation is excluded
2. Summary of grounds for appeal;
A. The punishment sentenced by the court below (one year and six months of imprisonment) is too unfair, and it is not clear whether the victim of occupational breach of trust is a stock company B or C, and the amount of damage from occupational breach of trust is not specified. Thus, it is also unfair to order the defendant to compensate for KRW 129,486,360 against B.
B. The sentence imposed by the prosecutor (one year and six months of imprisonment) by the court below is too unhued and unfair.
3. The instant crime on the assertion of unfair sentencing by the Defendant and the prosecutor is not less than the nature of the crime that caused a large amount of damage to the company by means of forging documents, etc. for a long time (five years), and the fact that no agreement is reached with the victim is disadvantageous to the Defendant.
However, the defendant recognized the facts of the crime of this case for the first time and reflected it, and the minimum amount of damages recognized by the evidence duly admitted by the court below is KRW 129,486,360, and the defendant deposited KRW 100,000 in the court below for damages compensation, and KRW 30,000 in the court below for the first time, and the defendant is more favorable to the defendant that he has no record of criminal punishment except for those who have been punished three times for the crimes of this paper.
The above circumstances are unfavorable or favorable to the defendant, and the age, character and conduct, environment, motive and circumstances leading to the crime of this case, and circumstances before and after the crime.