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(영문) 서울서부지방법원 2019.02.21 2018노1713

업무상횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;

2. The lower court determined that the Defendant’s primary crime without any criminal power, partly repaid the amount of damage to the victimized company during the course of the investigation, or used it for the victimized company, considering the favorable circumstances for the Defendant. On the other hand, the Defendant used the flight fee up to KRW 200,000,000,000, which was paid by the customer to the employees of the victimized company, for personal purposes. The period of the crime is long, and the amount of damage is large, and it prevents the victimized company from collecting the attempted credit by manipulating the computer of the victimized company for the crime. The Defendant argued to the effect that the victimized company committed each of the crimes of this case for the purpose of the benefit of the victimized company. Nevertheless, the Defendant’s age, character and conduct, living environment, means of the crime, results of the crime, and circumstances, etc. are not considered in consideration of the motive, the act is planned and inappropriate, and the method of the crime is also poor. In so doing, the lower court determined that the Defendant committed each crime of this case for the benefit of the victimized company.

Examining the evidence of this case and the reasons for the above sentencing, the judgment of the court below which held that the payment of airline tickets to the individual account is discounted if it is deposited to the individual account, and that for this purpose, it is not erroneous in the judgment of the court below that the act of interference with business operation operated by the computer system constitutes a person who is the sentencing of "in a case where the law of criminal administration is extremely poor" as to the act of interference with business operation operated in a way that the date of departure of airline tickets is delayed or the time of registration of the actual customer is changed to another customer, on the computer system of the victimized company.