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(영문) 대구지방법원 2014.09.05 2014노851
업무상배임등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, it is reasonable to consider the following: (a) the Defendant forged a written agreement on additional transactions in the name of D and G and the number of times the Defendant exercised such agreement is not significant; (b) the Defendant deceiving C Bank by taking advantage of his position in charge of credit affairs as a staff member of C Bank; (c) the sum of the loans granted in the name of D and G is equivalent to KRW 166 million in total; and (d) the Defendant’s status or duty in C Bank and the number of the instant crimes, and the period of the instant crimes, etc.; and (c) the nature of the instant crime is not good; and (d) the Defendant did not agree with

On the other hand, considering the facts that the defendant led to the confession of the crime of this case, the defendant has made efforts to recover damage by repaying approximately KRW 120 million out of the amount of damage of this case, the remaining outstanding portion of the loan has also been repaid to the maximum extent possible, and the defendant's primary offender is favorable circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, means and method of the crime of this case, and circumstances after the crime of this case, etc., it is not recognized that the court below's punishment is too excessive or too unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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

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