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인천지방법원 2013.06.14 2013노76
업무상배임
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. In light of the fact that the defendant's credit card merchants who should manage the credit card company for the victim-based credit card company are arbitrarily converted to the other Ban-based member stores and caused damage to the victim company, the crime of this case requires strict punishment for the defendant, in light of the fact that the crime is not light.

However, considering the fact that the defendant recognized the crime of this case as well as reflects his mistake, that there is no serious criminal record exceeding the same kind and fine for the defendant, that there is no criminal record for which all the criminal facts in the judgment became final and that there is a need to consider equity in cases where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act, that the defendant deposited 7 million won in the future of the victim in the trial, and other various sentencing conditions in the records and arguments, such as the defendant's age, family environment, circumstances before and after the crime, etc., the sentence of the court below against the defendant is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the choice of criminal facts (generally, the choice of imprisonment with prison labor);

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of conditions favorable to the defendant in the front);

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