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(영문) 수원지방법원 2013.09.26 2013노2109
업무상배임등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below against the defendant (one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.

Judgment

In light of the fact that the defendant's mistake has been divided for the first time in the trial, and that the case occurred in the course of settling the business with I who is deemed the actual operator of the victim company. However, even around 2002, the defendant had the record of being sentenced to a fine due to the crime of forging private documents. The crime of this case is significant that the defendant altered the proxy of the shareholders of the victim company to prepare the minutes of the temporary general shareholders' meeting so that it would result in the merger of the victim company by split and merger of the victim company. Accordingly, the defendant's age, character and behavior, environment, circumstances after the crime and circumstances after the crime, etc., all the sentencing conditions shown in the records and arguments of this case including the defendant's age, character and behavior, circumstances after the crime, etc. are considered to be excessive.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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