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(영문) 부산지방법원 2017.12.21 2017노4229
업무상배임등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (one year and two months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The crime of this case, based on the judgment, was committed by the defendant while serving as an employee in F, the victim corporation F, and acquired property benefits equivalent to KRW 13 million by purchasing goods using the corporate card in the name of the company. The crime of this case was committed by deceiving the damaged company and by deceiving the damaged company with KRW 17 million, and is deemed to be disadvantageous to the defendant, such as the fact that the liability for the crime is heavy in light of the content of the crime and the amount of fraud.

However, when considering the various circumstances, such as the defendant's age, sexual behavior, environment, etc., which are the conditions for sentencing as shown in the argument of this case, the sentence of the court below against the defendant is too unaffortable and unfair, and it is recognized that the defendant's punishment against the defendant is too unreasonable, and it is too unreasonable, rather than unfair, because it is too too unreasonable, in light of the following circumstances: the defendant's confession of the crime of this case and the defendant's living under confinement life for a considerable period of time; the victim company does not want criminal punishment against the defendant; the defendant has no record of crime exceeding the fine; the defendant's family members want to have a preference against the defendant; and the defendant's family members want to have a preference against the defendant.

3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading. However, since the prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal, the prosecutor's

Criminal facts

The summary of the evidence and facts charged against Defendant A, recognized by this court, and the summary of the evidence, are as follows.

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