(영문) 인천지방법원 2013.03.22 2012노3326 | 리걸엔진

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자간(%)

(영문) 인천지방법원 2013.03.22 2012노3326

배임

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

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. In light of the following facts: (a) the Defendant borrowed money from his own property as a security for transfer to the Bank of Korea; and (b) the Defendant arbitrarily disposes of it to another person; and (c) there is a need to strictly punish the Defendant in light of the following: (a) the Defendant’s failure to repay the money to the victim; and (b) the amount yet is considerable in repayment to the victim.

However, the defendant has reduced the amount to be repaid to the victim by 50%, and paid KRW 10,000,000 until October 2010 each month, and paid KRW 12,350,000 each month for five months, and agreed with the victim by paying KRW 12,350,000 in the balance for the last six months, and as the defendant has agreed with the victim, it is determined that the defendant had reached an agreement with the victim on October 31, 2012 as agreed with the victim while living at the present, and that the defendant has reached an agreement with the victim on December 31, 200, KRW 1,000,000 on December 31, 2012, and KRW 25,000 on February 25, 2013, it is determined that the defendant has committed the crime of this case, and that the defendant has committed the crime of this case in depth following the defendant's business environment before and after his/her default.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below.

참조조문

-형사소송법 제346조 제6항

유사 판례

-인천지방법원 2013.08.16 2013노1500

-인천지방법원 2013.05.03 2013노245

-인천지방법원 2013.04.12 2013노336

-인천지방법원 2013.10.11 2013노2206

-인천지방법원 2013.03.15 2012노2991