특정경제범죄가중처벌등에관한법률위반(횡령)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) In other words, Defendant 1’s defense counsel by mistake of facts and misapprehension of the legal principles pointed out the following facts as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) on September 16, 2015, with the reasons for appeal written by the Defendant’s defense counsel on September 16, 2015, as to the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) on a net time 2, and further, Defendant’
was made.
However, on January 12, 2016, after the appeal was not timely filed, the defendant's defense counsel argued that the specific reasons for appeal was added to the summary of the oral argument on January 20, 2016, which was after the date of the fourth trial trial and the conclusion of the arguments.
(1) The grounds for appeal for the statement of reasons for appeal shall be specifically specified, in light of the provisions of Article 155 of the Regulations on Criminal Procedure and the purport of the Criminal Procedure Act which provides for the period for submitting a written reason for appeal, the reasons for appeal specifically asserted on the date of fourth public trial of the first instance, which is subsequent to the expiration of such period, are legitimate reasons for appeal.
shall not be deemed to exist.
However, such assertion is limited to the meaning of demanding ex officio judgment.
A) The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was committed, and there was no proof to exclude a reasonable doubt as to whether the amount of the embezzlement of this case was the fund of the victimized company, and whether the defendant has consumed it personally.
Defendant used 2 times a net sum of KRW 80,00,000 as a separate criminal case agreement amounting to 2 times in the table of crime (4) (hereinafter referred to as the table of crime (hereinafter referred to as the table of crime), attached to the judgment of the court below, all of which are indicated in the same manner as shown in the judgment of the court below), but this is the Defendant’s profit against 4 vehicles sold from June 1, 2007 to July 6, 2007.
B) The Defendant is guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.