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(영문) 창원지방법원 2015.04.09 2014노2842
배임수재
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment and two years of suspended execution) is too unreasonable.

2. In light of the fact that the Defendant returned KRW 55 million among the amounts received from Co-Defendant C of the first instance trial before the commencement of the main investigation into the instant case, it appears that he traded with Co-Defendant C in accordance with the instructions of Co-Defendant B of the first instance court, which is superior status, reflects mistakes, recognizes and cooperates with Co-Defendant in the investigation process, and there is no criminal history against the Defendant, it may be deemed that the Defendant’s punishment against the Defendant is heavy in balance with imprisonment (eight months and two years of suspended execution) against B. However, it is difficult to view that the lower court’s punishment is too unfair in light of all the conditions of pleadings, such as the fact that the Defendant received money from Co-Defendant C in a superior status and received money from Co-Defendant C for a short period of four months, and that there is no criminal history against the Defendant.

3. Accordingly, the defendant's appeal is dismissed on the grounds that the appeal is without merit, and the final action of the fourth part of the judgment below is obvious that the "social service order (the defendant)" is a clerical error of the "social service order (the defendant C)", and it is corrected ex officio in accordance with Article

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