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(영문) 창원지방법원 2015.04.23 2014노2881
배임수재등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal appealed to the purport that the punishment (one year and six months of imprisonment and additional collection) imposed by the lower court is too unreasonable, and the prosecutor appealed to the effect that it is too uneasible and unreasonable.

2. The judgment below accepted a large amount of money and valuables that amount to KRW 400 million from the subcontractor, and it is not good to form a crime, such as lowering the unit price per cargo unit in violation of the business duties of the macro Maritime Shipping Corporation, and acquiring the difference. Since the acceptance of rebates is a big obstacle to establishing fair market economy order, it is recognized that there is a need to punish the defendant, but there is no need to punish the defendant's mistake through confinement life for about 8 months. There is no other two times of fines for these types of crimes, and there was no other previous criminal records. In the case of rebates, the purport that the defendant continued to maintain the existing transaction before and after the defendant was appointed, and the defendant was assigned to reduce the amount of rebates than the full-time officer. The rebates in this case was delivered by the representative or delivery of the trader's cash to the defendant's accounting staff, and it seems that the accounting staff would use it for the work of the defendant's employees, welfare expenses and two sub-marine transportation and fire, and that it would be expected that the defendant would have made profits from the defendant's employee's sales and profits.

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