특정경제범죄가중처벌등에관한법률위반(배임)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. A. A prosecutor 1) Since a mistake of facts and misapprehension of legal principles all of the real estate listed in the attached Forms 1 through 3 which the Defendant received as security was established, the court below held that the Defendant did not dispose of the real estate listed in the attached Forms 2 and 3. The court below erred in the misapprehension of legal principles or misapprehension of legal principles that affected the conclusion of the judgment.
B. Defendant 1) With respect to the facts charged as to the mistake of facts and misapprehension of legal principles as to the defamation of this case, even though the Defendant did not publicly indicate the facts and did not constitute defamation, the lower court found Defendant guilty of the above facts charged due to misunderstanding of facts or misapprehension of legal principles. (2) The sentence sentenced by the lower court of unreasonable sentencing is too unreasonable and unfair.
2. Determination
A. Judgment on the Prosecutor’s misunderstanding of facts and misapprehension of legal principles 1) The summary of this part of the facts charged [Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation)] Defendant is the Victim G Co., Ltd. (hereinafter “victim G”) at the Defendant’s house located in Gangnam-gu Seoul Northern District on June 4
2) As a result, each real estate listed in Attachment 1 is subject to a loan of KRW 600 million to the victim and is subject to a provisional registration of the right to claim ownership transfer in the future of the defendant, each real estate listed in Attachment 2, the registration of establishment of the right to collateral security in the future of the defendant for each real estate listed in Attachment 2, and the registration of establishment of the right to claim ownership transfer in the future of the defendant for each real estate listed in Attachment
On March 20, 2011, the Defendant entered into a contract with H and the above loan from the above Defendant’s house to June 30, 201, which extended the repayment date of H and the above loan by June 30, 201.