업무상배임
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable (the punishment (2.5 million won) imposed by the lower court (the Defendant withdrawn his previous assertion of mistake on September 13, 2018 at the first trial date of the first instance court held on September 13, 2018). 2. Determination is recognized as follows: (a) the Defendant recognized his/her mistake in the trial at the first instance court; (b) the Defendant has against himself/herself; and (c) the Defendant has no record of punishment other than the punishment imposed on one occasion due to a violation of the Farmland Act around 2009.
However, the crime of this case was committed by the defendant, working as the representative director of the victim company, without permission, to lend 18 million won out of 30 million won capital of the victim company to E, thereby causing property damage equivalent to the same amount to the victim company. The court below did not pay 15 million won out of the above 18 million won, and there is no other evidence to find that the defendant had been making efforts to recover from damage, and the fact that the defendant could have been in the de facto crisis of the victim company's closure of business due to the crime of this case is considered as unfavorable to the defendant. In light of other circumstances such as the defendant's age, sexual behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., it is not recognized that the punishment imposed by the court below is excessive and unfair.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.