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(영문) 부산고등법원 (창원) 2014.04.16 2013노401
특정경제범죄가중처벌등에관한법률위반(배임)
Text

All judgment of the court below shall be reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The facts in the judgment of the court below are as shown in the judgment of the court below, that the defendant sold to R, etc. eight points (hereinafter “the instant machinery and appliances”) which set up a collateral security right to the Victim Bank (hereinafter “victim Bank”) as shown in the judgment of the court below. However, the court below erred in the misapprehension of the judgment of the court below as to the defendant’s sale of the machinery and appliances at the end of December 2010, since the victim Bank purchased one half point of KRW 258 million (including installation cost50 million) at the market price, and the bank purchased a new type of business and replaced the machinery at the time of acquisition, and explained the victim Bank Head T at the time of acquisition, the defendant would have to supplement the new machinery and appliances. After that, the victim bank was asked for the loss of part of the instant machinery and appliances at the time of acquisition, and in fact, the victim bank did not have any influence on the judgment of the court below as to the crime of breach of trust on the part of the victim bank.

B. The sentence imposed by the court below (No. 1: imprisonment of 1 year and 6 months, and imprisonment of 6 months) on the defendant in the first and second instances of unfair sentencing is too unreasonable.

2. Determination

A. We examine ex officio the judgment on each of the grounds for appeal above.

The first and second court sentenced each judgment after completing a separate hearing against the defendant. The defendant filed an appeal against the first and second court's judgment. This court decided to hold a joint hearing of the above two appeals. The first and second court's judgment against the defendant is the crime of the second and second court's judgment.

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