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(영문) 광주지방법원 2016.11.17 2015노3612
업무상배임등
Text

The judgment below

The part concerning the Defendants is reversed.

Defendant

A shall be punished by imprisonment for six months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ assertion of misunderstanding of facts or misunderstanding of legal principles as to the Defendants’ occupational breach of trust did not prove that the contract for the fishery product processing plant waterproof construction works, the contract for the repair of fishery products processing plant, the contract for the repair of fishery products processing plant, and the contract for the repair of active joint markets was unreasonably excessive beyond the reasonable level, and the fact that the contract for the repair of active joint markets was concluded in violation of the contract provisions alone cannot be deemed as having caused property damage.

B. Defendant C’s assertion of misunderstanding of facts as to each of the frauds by Defendant C was not conspired with Defendant A and B.

C. The lower court’s assertion of unreasonable sentencing by the Defendants is so unreasonable that each of the following punishments is too unreasonable.

(1) Defendant A: Imprisonment for a period of eight months, two years of probation, two years of probation, two years of community service, 200 hours of probation. Defendant B: 10 months of imprisonment, two years of probation, two years of probation, two years of probation, two years of community service.

D. The Prosecutor’s sentence against the Defendants is too unhued and unreasonable.

2. Prior to the judgment on the ex officio determination Defendants and the prosecutor’s grounds for appeal, we examine the Defendants’ frauds prosecuted as co-principal offenses among the facts charged in the instant case.

A. The facts charged in this part of the facts charged (1) Defendant C is the head of the association who was the head of the victim's association from March 16, 2006 to September 6, 2007. Defendant B is the person who was in office as a director of the association from November 7, 2005 to September 26, 2007. Defendant A is the person who was in office as the head of the association's use processing and distribution division and distribution division and general director from November 7, 2005 to March 27, 2007.

According to the "Contract Provisions" which provides for the administration of contracts in which fisheries cooperatives are parties, the case of construction works the estimated price of which is less than 100,000,000 won.

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