logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.08.27 2018노1066
업무상횡령등
Text

Of the judgment below, the part concerning the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The main point of the grounds for appeal is that the punishment of the lower court (one year and six months, and one year and six months, in the case of the lower court) is too heavy or (one year and six months).

2. Prior to the judgment on the grounds of appeal by the defendant and the prosecutor ex officio, this Court decided to hold a concurrent hearing of each appeal case against each judgment of the court below. Each of the offenses in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained in entirety.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, on the grounds that there are grounds for reversal ex officio, and the judgment below is again ruled as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of the corresponding column of the first and second judgment, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 356, 355(1) (the point of occupational embezzlement), 347(1) (the point of fraud) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 (the point of uttering of the above investigation document) of the Criminal Act, Article 232-2 of the Criminal Act (the point of uttering of the above investigation document), Articles 234 and 232-2 (the point of uttering of private electronic records, etc.), each of the Criminal Act, Articles 234 and 232-2 (the point of uttering of the above electronic records, etc.), Articles 71 subparag. 2 and 26(5) of the Personal Information Protection Act (the point of violation of the Personal Information Protection Act), Article 37 subparag. 10 (the point of unlawful use of resident registration number) of the Resident Registration Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes showed the attitude of recognizing and reflecting the Defendant’s wrongness, and the amount of damage suffered by the victim Q Q corporation.

arrow