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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 2016.09.29 2016노430
배임수재
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (one year and six months of imprisonment, additional collection of KRW 300 million) imposed by the lower court on the Defendant is too unfased and unreasonable.

B. The sentence imposed by the lower court against the Defendant is too unreasonable.

2. We examine the judgment, the circumstances favorable to the defendant who appeared in the proceedings of the court below and the court below (the defendant recognized the crime of this case and divided his mistake).

The fact that there is no criminal history of the defendant, the defendant deposited KRW 300 million with a piracy deposit for the cancellation of the execution of provisional seizure for the preservation of collection (Ulsan District Court 2016 early 122), the defendant used part of the 300 million won which he received from the representative director of the KOB in the KOB for treatment of LOB, and the preparation of these treatment expenses seems to have been one of the motive for the crime of this case. The defendant's family and his children are in the position to support the defendant's wife and his children, and the defendant's family and his children want to support the defendant's address. The crime of this case committed by the defendant has a duty to perform his duties fairly, such as the selection of contracting company, adjustment of construction amount, etc., as the non-principal purchase division of the victim's company, but it is very low that the defendant would be able to enter into the agreement with the KOB in consideration of the circumstances of the crime in which the defendant ordered the defendant's initial bidding contract with the KOG in Korea.

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