배임수재
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for two years.
, however, for three years from the date this judgment has become final.
1. Summary of grounds for appeal;
A. Defendant A: Defendant A refers to “Defendant” without indicating the name of the Defendant in each of the applicable items of the Defendant in an unfair sentencing sentence, and the remaining Defendant refers to the name of the Defendant. In addition, “Defendants” is referred to as “Defendants.”
In light of the fact that all of the facts charged are led to confessions, reflects, and some of the evidentials do not want to be punished against the defendant, the sentence of imprisonment (two years of imprisonment and additional collection) of the court below is too unreasonable.
B. Defendant B: In regard to the Defendants’ conspiracy of a criminal offense, mistake of facts, misunderstanding of legal principles, and misunderstanding of legal principles, the lower court convicted the Defendants on the basis of only the statement of A without any other objective evidence, even though the Defendants conspired with A to commit the crime as stated in the relevant facts charged, although there was no crime committed, the lower court convicted them
B) Even if the statement made by A is true, the money delivered through A does not belong to the original contractor, but rather to the amount of the construction contract, which is smaller than the actual construction work, and is added to the preliminary charges of breach of trust in the trial of the medical corporation, the ordering person, “K Medical Foundation” (hereinafter “K Medical Foundation”), and thus, the money will be deemed as the victim’s foundation.
As money reverted to the K Medical Foundation, there is room for embezzlement of K Medical Foundation, but it does not lead to the establishment of breach of trust. The lower court erred by misapprehending the legal doctrine. C) The part on the Defendant’s sole crime was reduced and the construction cost corresponding thereto was returned and used as operating expenses of the facility management team, so there is no intent of unlawful acquisition.
2. Even if the charges against the defendant are found guilty, the defendant does not have a criminal record other than the same criminal record or fine, and the K Medical Foundation does not want to punish the defendant.