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(영문) 서울동부지방법원 2016.02.05 2015노1493
업무상배임
Text

All appeals by the Defendants are dismissed.

Reasons

The summary of the grounds for appeal by the Defendants is to preserve the shortage of business expenses and wages in the poor working environment. The Defendants’ instant crime is unfair in light of the fact that the Defendants’ instant crime was committed as follows: (a) the so-called “influence” practice that collects wastes not using the standard plastic garbage bags by receiving a certain amount from a restaurant, etc. that did not conclude a contract for food waste disposal with the consent of the victim company; and (b) the economic situation of the Defendants is difficult, each sentence of the lower court sentenced to the Defendants (the fine of KRW 2,500,000, and fine of KRW 1,500,000).

In full view of all the circumstances alleged by the Defendants, as well as the above circumstances, including the Defendants’ respective ages, sexual conduct, the nature of the crime, and the circumstances after the crime, the first order was issued to the Defendant A to a fine of KRW 5,000,000 and a fine of KRW 3,00,000 to the Defendant B, but each sentence of the lower court that sentenced to mitigation is too unreasonable.

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

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