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(영문) 인천지방법원 2014.05.16 2014노352
업무상배임
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one million won of a fine) declared by the lower court is too unhued and unreasonable.

2. The Defendant, as an instructor of a private teaching institute, obtained tuition fees of 6.1 million won in total from 18 times by taking a personal teaching method in violation of his/her duties. The fact that the nature of the crime is not good in light of the circumstances leading up to the crime, methods, frequency of the crime, etc., and that the Defendant did not take measures to recover damage, such as an agreement with or deposit with the victim until the trial is trial, is disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) the first offender who has no criminal history; (c) the amount of damage; (d) the Defendant paid KRW 2.1 million out of the amount of damage; and (e) other factors of sentencing as shown in the records and pleadings, such as the Defendant’s age, family environment, and circumstances before and after the instant crime, the lower court’s sentence against the

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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