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(영문) 수원지방법원 2021.01.14 2020노4339
업무상배임
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

The main points of the grounds for appeal are as follows: each sentence of the lower court (six months of imprisonment for each of the Defendants) is too unreasonable.

Judgment

The crime of this case is an unfavorable circumstance to the Defendants, in light of the following: (a) the Defendants violated their duties while working in the damaged company; (b) the Defendants subscribed to the goods of a competitor, not the goods of a communications company dealing with the victimized company; and (c) thereby causing damage to the victimized company by receiving the commission individually; (d) the nature of the crime was inferior in light of the method and content of the crime; (b) around three years and six months in the case of Defendant A; and (c) about one year and eight months in the case of Defendant B; (d) the commission of the crime was committed during the commission of the crime; and (e) the number of times and amount of damage was high; and (e) the Defendants

However, in the first instance trial, both Defendants recognized the instant crime and reflect the mistake in depth, and made efforts to recover damage by repaying each damaged company the amount of KRW 23 million in the first instance trial, and KRW 11.5 million in the second instance trial, and all the Defendants were the first offender who has no record of criminal punishment, and other various sentencing conditions indicated in the records and arguments of this case, such as the Defendants’ age, sex and conduct, environment, motive and background leading to the commission of the crime, means and consequence of the crime, etc., the lower court’s punishment against the Defendants is too unreasonable.

Therefore, the defendants' argument of sentencing is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court is the summary of the evidence and the summary of the evidence “each of the Defendants’ respective legal statements” in the summary of the evidence.

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