업무상횡령
The part of the judgment of the court of first instance and the judgment of the court of second instance, excluding the compensation order, shall be reversed.
Defendant
A. Imprisonment.
1. Summary of grounds for appeal;
A. Defendant A (the judgment of the court below No. 1) 1 and misunderstanding of the legal principles, ① the Defendant was in the position of the representative director of the victim H Co., Ltd. (hereinafter “victim”) and acknowledged the fact that there was no record held by the board of directors, such as the minutes of the board of directors in the process of withdrawing the instant funds, but the Defendant was in the position that Defendant B had already talked with other directors, which is the substantial master of the victimized Co., Ltd., and the board of directors was not held separately.
The defendant B believed that he would not be at issue in the repayment of the borrowed money due to the reasons such as the repayment of the borrowed money within one month, and the actual operation of several companies.
Therefore, the Defendant did not recognize that Defendant B was to commit the instant crime, and did not accept it, and he did not move his intent to commit the instant crime by using Defendant B’s act in order to commit the instant crime. As such, the Defendant took part in the crime committed by Defendant B as a joint principal offender.
Although it cannot be seen, the court below erred by misapprehending the facts or by misapprehending the legal principles, which found the defendant guilty of the facts charged.
2) The sentence sentenced by the first instance court to the defendant (one year of imprisonment, two years of suspended sentence, 160 hours of community service order) is too unreasonable.
B. Defendant B (the defense counsel of Defendant B, who committed the offense of deception and deception, included the grounds for appeal against the judgment of the second court on September 5, 2017, which was issued on September 5, 2017, which included the assertion of mistake in the above facts at the third trial date of the trial. However, the grounds for appeal against the judgment of the second court on September 5, 20
The sentence sentenced by the first and second original judgment (the first judgment: imprisonment with prison labor for 2 years, and the second judgment: imprisonment with prison labor for 10 months and the suspension of execution for 3 years) is too unreasonable.
2. Determination
A. Each of the crimes in the first instance judgment against Defendant B and the second instance judgment against Defendant B.