업무상배임등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., e., e. 1, 3, and 4) of the lower court’s punishment (e.g., 5 months of imprisonment and 10 months of imprisonment with prison labor for the crimes of 1, 3, and 4) is unreasonable.
2. It is recognized that the judgment defendant led to the confession of the crime.
However, it is not determined that the sentence of the court below is excessively unreasonable in view of the Defendant’s age, character and behavior, environment, background, motive, means and method of the instant crime, circumstances after the instant crime, etc., even though the sum of the damages was a considerable amount of KRW 220,000,000, but did not reach an agreement or recover from damage up to the trial, and the fact that a part of the instant crime was committed without being aware of even during the period of suspension of execution, etc.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
[However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, Article 347(1) of the Criminal Act (Fraud) of the judgment of the court below is deemed to be "Article 347(1) of the Criminal Act (Fraud, including fraud, and each victim)" in Chapter 7 of the judgment of the court below as "Article 347(1) of the Criminal Act." On the last day of Chapter 7 of the judgment of the court below (Article 19 of the Criminal Procedure Act, each correction is made to add "the amount of concurrent crimes with punishment prescribed for the crime of occupational breach of trust against victim I on July 14, 2011, which is the largest between each crime of occupational breach of trust, each one between fraud, and each one between crimes, of which crimes are the largest)."