업무상배임
The part of the judgment of the court of first instance against the defendant is reversed.
A defendant shall be punished by imprisonment for two years.
except that this judgment.
1. The summary of the grounds for appeal (unfair punishment) of the first instance sentencing (two years of imprisonment) against the accused is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, Co-defendant A, a representative director of the victim E company, in violation of his/her duty to faithfully protect the property of the victim company as a result of a faithful examination of the ability to repay and collateral value, and in violation of his/her duty to protect the property of the victim company in good faith. Although the defendant committed occupational breach of trust as stated in the judgment of the first instance court, in relation to the victim company, he/she did not have any status as co-defendant, but has participated in the public offering, so he/she is not liable for joint principal offense pursuant to the first sentence of Article 33 of the Criminal Act. However, since the seriousness of punishment due to personal relationship exists, it is not punishable for severe punishment pursuant to the second sentence of Article 33 of the Criminal Act. However, the first instance court erred by failing to apply Article 33 of the Criminal Act to the defendant, which affected the
3. Accordingly, the judgment of the court of first instance is reversed ex officio and the part against the defendant among the judgment of the court of first instance is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 356, 355 (2), and 30 of the Criminal Act concerning criminal facts and the choice of punishment shall be imposed on the accused as provided for in Article 355 (2) of the Criminal Act, since he/she has no status as a business manager of another person in the course of performing his/her duties.