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(영문) 부산지방법원 2017.10.12 2017노2226
업무상배임
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. As to each sentence (Defendant A: one year of imprisonment; one year and two months of imprisonment; ten months of imprisonment; ten months of imprisonment; and one year of imprisonment) declared by the lower court, the Defendants argue that the prosecutor is too unfasible and unfair, and that the prosecutor is too unfasible.

2. Determination

A. In full view of the circumstances favorable to the defendant, including the fact that the defendant A recognized the crime of this case at the request of the defendant, that there was an aspect of causing the crime of this case, that is, the first offender, and that part of the amount of damage to the victim Nong Bank and the National Bank was restored to KRW 198 million, which is part of the amount of damage, and that the crime of this case was committed in favor of the defendant, by arbitrarily removing the fishery products provided as security to the bank with the defendant, and causing damage to the bank, and other unfavorable circumstances against the defendant, such as the defendant's age, sexual behavior, environment, etc., and the fact that the total amount of damage exceeds KRW 690 million, which are disadvantageous to the defendant. The sentence imposed by the court below cannot be deemed to be unfair because it is too heavy or unfasible.

B. Defendant B’s recognition of the instant crime, circumstances favorable to the Defendant, such as recovery of KRW 198,00,000, which is part of the amount of damage to the Victim Nonghyup Bank and the National Bank, and the instant crime was committed by the Defendant, along with A, arbitrarily carrying out fishery products offered as security to the bank and causing damage to the bank. The Defendant’s act of committing the instant crime is bad, and the total amount of damage reaches KRW 690,000,000,000,000,000,000,000,000,000,000,000,00

As the defendant started from the proposal, the circumstances leading to the crime and the degree of participation, etc. are considered to be disadvantageous to the defendant, such as the defendant's age, sex, environment, and past convictions, and various conditions of sentencing as shown in the records and changes.

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