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(영문) 서울고등법원 2016.05.12 2015노3506
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the Defendant include: (a) the Defendant’s mistake was divided; (b) the Defendant did not have any previous conviction prior to the instant crime; (c) the Defendant’s violation of the Securities Transaction Act as stated in the final judgment should take into account the equity in the case of being tried; and (d) the Defendant returned part of the money received from the victimized Company.

However, in full view of the fact that the amount of damage in this case was considerable, the degree of the defendant's participation in the crime in this case was serious, and the case for which the above judgment became final and conclusive is not deemed to have been considered in light of the contents of the crime, it is inevitable to sentence the defendant as to the punishment. However, the court below sentenced the defendant the maximum punishment to the defendant within the extent of the punishment for which the reduction was made by taking account of various normal relations after taking legal mitigation on the ground of Article 37 of the Criminal Act: Provided, That since the court below sentenced the punishment to the maximum punishment for the defendant up to the reduction of

Therefore, the defendant's assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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