(영문) 창원지방법원 2016.08.24 2016노1194 | 리걸엔진

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(영문) 창원지방법원 2016.08.24 2016노1194

배임

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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

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

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is an unfavorable circumstance in light of the following: (a) the Defendant obtained a loan of KRW 250 million from the Industrial Bank of Korea by purchasing two machinery (10,000,000,000 from the Industrial Bank of Korea) and provided two machinery as collateral to the victim bank; and (b) in violation of such duty, there was a duty not to reduce the value of the said machinery by disposing of the said collateral; and (c) in violation of such duty, the Defendant acquired property benefits equivalent to KRW 90,000,000 by selling the said machinery for KRW 90,000,000 and suffered damages equivalent to the same amount to the victim bank; and (d) even if the amount of damage is reasonable, there is no agreement with the victim until now.

However, it is reasonable that the Defendant made a confession of the instant crime with no criminal history, and reflects his mistake in depth, and it appears that the Korea Technology Finance Corporation, which subrogated the Defendant’s obligation to the victim bank after the sentence of the lower judgment, concluded an installment repayment agreement with the Korea Technology Finance Corporation that subrogated the Defendant to the Defendant’s obligation, and made efforts to recover from damage by repaying certain amount. The Defendant appears to have caused the instant crime to be committed in order to pay the employees’ wages, retirement allowances, etc. while operating a manufacturer of equipment parts and became out of financial difficulties due to the failure of business, etc.

In full view of the above circumstances and the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions shown in the instant records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed unfair and unfair.

Therefore, it is true.

유사 판례

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