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(영문) 서울고등법원 2013.08.12 2013노1722

배임수재

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 15 million won.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. 1) Defendant A (the original crime No. 1-A)

(2) The court below found Defendant A guilty of the charge of taking property in breach of trust on the part of the court below's 76,104,658 won of the money that Defendant A received from AC for the first time and continuously informed Defendant A of the information about AB on the product sales, i.e., distribution of profits, and it did not receive an illegal solicitation for the convenience of AB's "AB" products to be arranged and continuously broadcasted during a good time period. Nevertheless, the court below found Defendant A guilty of the charge of taking property in breach of trust on the part of this case. Thus, the court below erred in the misapprehension of legal principles as to the crime of giving property in breach of trust, which affected the conclusion of the judgment.

Since Defendant B paid the instant funds to AL for the victim company himself/herself, not for himself/herself, Defendant B does not have the intent of unlawful acquisition.

Nevertheless, the lower court found Defendant B guilty of the charge of occupational embezzlement, and thus, erred by misapprehending the legal doctrine as to the intent of unlawful acquisition, thereby adversely affecting the conclusion of the judgment.

3. Defendant C receives money from the Z as shown in the attached Form of the judgment of the court below.