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(영문) 서울동부지방법원 2018.08.30 2018노281
업무상배임
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In misunderstanding the facts and misapprehension of the legal principles, the settlement act, such as rounding expenses using physical cards connected to the account of the resident representative meeting operation expenses, is included in the scope of use of meeting expenses under the management rules and operating expenses rules, and the defendant did not have any awareness and intent to commit occupational breach of trust.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. In the lower court’s determination as to the assertion of misunderstanding the facts and misapprehension of the legal doctrine, the Defendant asserted the same as the above in the trial, and the lower court, based on the evidence duly adopted and examined, found the facts charged in the instant case guilty.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is an error of law by misunderstanding facts or misunderstanding legal principles as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

B. In full view of the reasons for sentencing indicated in the records of the instant case’s judgment on the unfair argument of sentencing, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the various reasons for sentencing alleged by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment is to be changed.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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