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(영문) 인천지방법원 2013.05.03 2013노494
배임
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant was found to have committed the instant crime when the Defendant was in the trial; and (b) the Defendant appears to have committed the instant crime for a period of three months; (c) the Defendant has no record of criminal punishment exceeding the fine as well as the same criminal act; and (d) the Defendant is seeking to endeavor to recover from damage in accordance with the result of the civil procedure.

However, in light of the following: (a) the Defendant borrowed money from the Defendant’s own property as a security for transfer to the victim C; and (b) arbitrarily dispose of it to another person to impair the trust in the transaction of the victim; (c) the Defendant cannot find any changes in circumstances that may be considered differently from the judgment of the court below, such as the Defendant’s failure to reach an agreement with the victim up to the trial; (d) the total amount of damages incurred by the instant crime exceeds KRW 30 million; and (e) other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the commission of the crime, the lower court’s sentence against the Defendant is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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