logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.05.31 2018노1725
업무상배임미수
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The representative G of the victim company made an open declaration that it would not pay incentives on January 25, 2016. It is reasonable to deem this as an unilateral declaration of intent to terminate a contract. Accordingly, the Defendants did not have any duty or position to report the fact of ordering the victim company as additional facilities. Furthermore, even if the Defendants were the employees of the victim company, the Defendants did not have any intent to commit the crime of breach of trust. (ii) Even if the Defendants were to be the employees of the victim company, the Defendants did not report the fact of ordering the additional facilities and did not cause any danger or injury to the victim company. Therefore, it cannot be deemed that the commencement of the

3) Nevertheless, the judgment of the court below which found the Defendants guilty of all the facts charged in this case is erroneous in matters of law by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the judgment. However, the judgment of the court below on the grounds that each sentence (Defendant A: a fine of 6 million won, and Defendant B: a fine of 4 million won is too unreasonable.

2. Determination

A. 1) The Defendants asserted that the facts charged in this case are similar to the grounds for appeal in the lower court. Accordingly, the lower court rejected the Defendants’ assertion and its determination in detail, and found the Defendants guilty of all the charges in this case, following the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, in addition to the circumstances described in the lower court’s reasoning, it can be sufficiently recognized that the Defendants committed an attempted occupational breach of trust, as stated in the facts charged in the instant case. Accordingly, it is just and acceptable for the lower court to have found the Defendants guilty of the charges in this case.

arrow