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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court’s sentence against the Defendant (one year and six months of imprisonment) is too unreasonable.
B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.
2. The circumstances are favorable to the Defendant, such as the fact that the Defendant led to the confession and reflect of the instant crime; that the Defendant deposited KRW 100 million for the victim company in the process of the original trial; and that the Defendant deposited KRW 10 million for the victim company; that is, it appears that the Defendant closed his business of the company established by the act of breach of trust for the first instance trial; and that the Defendant did not have any criminal record exceeding the same criminal history and fine.
On the other hand, the crime of this case is committed in violation of the duty to conclude the contract with the customer while the defendant serves as the employee of the victim company, and if the defendant establishes the same kind of company in violation of the duty to conclude the contract for the benefit of the victim company, and then conducts business with the customer of the victim company and enters the contract with the victim company, the defendant shall enter into the contract with the customer of the victim company in the name of the company established by the defendant and obtain financial benefits of about 1.1 billion won in total and suffered financial loss equivalent to the same amount to the victim
The Defendant’s crime of this case was committed over a long time, and the Defendant committed the above crime on the one hand, on the other, while committing the crime, the degree of the Defendant’s breach of trust, such as using the corporate card owned by the victim company and receiving monthly pay, is more serious and there is room for criticism.
B. The Defendant deposited all the amount equivalent to the actual amount of damages suffered by the victim company.
However, due to the crime of this case, the victim company suffered from the loss of considerable deal of business partners in addition to the economic loss, such as the decrease of sales, and the defendant's above.