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(영문) 서울서부지방법원 2015.01.22 2014노1523
업무상배임
Text

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is unreasonable.

2. The Defendant: (a) changed the name of the deposit money of KRW 50 million from a victim’s organization to a similar organization without going through the general meeting’s resolution, etc.; and (b) caused damage to the victim’s organization by establishing a similar organization based on its fundamental property; (c) the degree of damage suffered by the victim is large; and (d) there was no agreement or repayment of damage until the party’s trial.

In addition, the punishment of the court below is imposed in consideration of all favorable circumstances such as the fact that the defendant has no significant criminal power other than the fine, or that he has faithfully engaged in activities concerning the welfare of persons with disabilities during that period, and there is no change of circumstances in the trial.

In addition, taking account of the motive and background of the crime, the circumstances after the crime, the age and occupation of the defendant, and various sentencing conditions shown in the pleadings, the sentence of the court below cannot be deemed unfair.

3. In conclusion, the defendant's appeal is without merit and is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the application for compensation order by the applicant for compensation is dismissed pursuant to Article 32 (1) of the Act on Special Cases Concerning Promotion, etc., and it is so decided as per Disposition.

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