(영문) 춘천지방법원 2017.10.25 2017노522 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 춘천지방법원 2017.10.25 2017노522

업무상배임

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) The Defendant did not play a leading role in providing security for transfer by ordering F to affix a seal on the contract for sale in lots, etc. The Defendant did not take a leading role in the provision of security for transfer, and was not in the position of actual intent or important decision-making of Co., Ltd. D (hereinafter “victim”) and E (hereinafter “E”) and thus cannot be deemed the subject of occupational breach of trust.

2) On November 24, 2008, drafted between the victimized Company and E, the letter of waiver of construction and the letter of completion of settlement was prepared by a false representation, and in fact, the victimized Company was obligated to pay KRW 350 million to E, and the Defendant was unaware of the fact that the letter of waiver of construction and the letter of completion of settlement were written between the victimized Company and E.

Therefore, the defendant did not have the intention of breach of trust.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) The Defendants alleged that they did not play a leading role in the preparation and delivery of the contract for sale in lots. However, the lower court rejected the Defendant’s assertion in the “existence of the status of the crime of occupational breach of trust” on the grounds that the Defendant’s assertion that he did not constitute the subject of the crime of breach of trust as a person doing business by reason of appeal. The reasons for the judgment in this court are as stated in the corresponding column of the judgment of the lower court, except for the addition of Article 6-3(5) of the sentence of the lower court on the ground that the Defendant’s argument was rejected, on the ground that the Defendant’s argument was rejected.

“5) I was the substantial death of the Defendant Company E in this Court 2017 High Order 6444.

I do not think of the question, “I do not think of it.”

“A false statement,” etc.

유사 판례

-의정부지방법원 2016.05.19 2015노3118

-수원지방법원 2017.01.26 2016고정1103

-창원지방법원 2015.06.19 2014가단6919

-수원지방법원 2016.01.13 2015노3767

-창원지방법원 2016.01.20 2015노2044