업무상배임등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of one year and six months, and fines of thirty five thousand won, and Defendant B shall be punished by imprisonment with prison labor of six months.
1. Summary of grounds for appeal;
A. There is no fact that Defendant A received money, valuables, or other benefits in relation to his duties, as shown in the judgment of the court below, in relation to the charges of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the error of fact or the misapprehension of the legal principle, and the inappropriate sentencing) from
Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
Even if all the facts charged against Defendant A are found guilty, in light of the fact that Defendant A is against one another, the sentence imposed by the court below against Defendant A (the imprisonment of two years and six months, the fine of KRW 50,000,000, the penalty of KRW 19,018,80, the penalty of KRW 19,000) is too unreasonable.
B. The punishment sentenced by the court below to Defendant B (two years of imprisonment with prison labor for six months) is too unreasonable.
(2) The defendant B did not submit a statement of grounds for appeal within the specified period, but the judgment of the court below is rendered as follows. 2. The prosecutor ex officio judgment of the court below changed the "19,018,800 won" to "17,470,00 won" in the part concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) of Article 1 of the indictment from the trial of the court below to "17,470,000 won" in the part concerning the charge against the defendant A, and changed the "2,048,800 won" in the part concerning the charge against the defendant B to "2,00,000 won" in the attached Table 4 No. 4 of the crime list to "2,00,000 won" in the part concerning the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Evidence, etc.) of the indictment against the defendant B to "19,018,800 won" in the judgment below was no longer modified.
However, there are such reasons for ex officio reversal.