(영문) 서울북부지방법원 2019.01.25 2018노1061

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(영문) 서울북부지방법원 2019.01.25 2018노1061

업무상배임

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than one year and six months, suspension of execution for three years and probation for one year) of the lower court against the Defendant is too weak or unreasonable;

2. We examine both the prosecutor and the defendant's grounds for appeal and the defendant's assertion of unreasonable sentencing.

The defendant recognized all of the crimes in the trial, repents his mistake in depth, and there is no particular criminal history prior to the crime in this case.

However, on the other hand, the instant crime has been committed repeatedly for a period exceeding one year, and most of the damages have not been recovered from the instant crime to the trial due to a large amount of damages exceeding 170 million won.

The Defendant asserts to the effect that the fees, etc. to be paid by the Defendant should be deducted from the amount of actual damage caused by the instant crime. However, as long as the Defendant had already paid the Defendant the fees, etc. for management agency prior to the instant crime, and the Defendant has not returned the amount of KRW 100,000,000, which is a substantial portion of the subsidies, etc. received, the victim company does not seem to have

In full view of other circumstances that form the conditions for the pleadings and the sentencing recorded in the records of the instant case, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and methods of the offense, and the circumstances after the offense, etc., the above sentence imposed by the lower court shall not be deemed to be inappropriate, too minor, or unreasonable.

Therefore, the prosecutor and the defendant's above arguments are without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the prosecutor and the defendant are without merit. It is

참조조문

-형사소송법 제364조 제4항

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