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(영문) 서울고등법원 2013.10.31 2013노1892
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the circumstances of the Defendant, the sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. In light of the circumstances of the prosecutor’s defendant, the sentence imposed by the court below (one year and six months of imprisonment) is too unhued and unfair.

2. The judgment of the defendant paid KRW 150 million to the Corporation (hereinafter "victim company") (the defendant deposited the share certificates equivalent to KRW 75 million in total at face value for the damaged company, but the actual value of the above share certificates cannot be known), which is advantageous to the fact that the damaged company does not want the punishment of the defendant, that the defendant reflects his fault, and that the defendant seems to have less than N, an accomplice, and that the actual profits of the defendant are less than 3.5 billion won, and that the amount of the embezzlement in this case was more than 3.5 billion won, the defendant played a leading role in the process of acquiring the damaged company, that the defendant did not recover from the damaged company's damage (the damaged company did not yet have yet deposited the above share certificates), and that the defendant escaped for a considerable period without attendance at the date of sentencing of the court below, although the defendant was found to have gained substantial profits than the amount of damage, the defendant's motive and circumstances, including the defendant's recommendations and the defendant's age in the sentencing guidelines, and that the defendant did not have any liability for the above crimes.

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