특정경제범죄가중처벌등에관한법률위반(배임)등
All appeals are dismissed.
The grounds of appeal are examined.
1. Regarding the prosecutor's grounds for appeal
A. As to Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (or distribution) with respect to the provision of ancillary equipment to Defendant A, the lower court reversed the conviction part of the first instance judgment against Defendant A, and found Defendant A guilty of acquiring property benefits of at least KRW 5 billion and causing property damage of at least KRW 5 billion to the victim among the facts charged in this part, and acquitted Defendant A of the remainder of the facts charged on the grounds in its reasoning.
In light of the relevant legal principles and records, the lower court erred in its determination by misapprehending the rules of evidence, as alleged in the grounds of appeal, regarding the gain amount acquired by Defendant A and the amount of damage inflicted on the victim’s property in violation of the rules of evidence.
subsection (b) of this section.
B. As to the violation of the Act on the Regulation and Punishment of Concealment of Criminal Proceeds from the act of receiving rents from the account in the name of the person under the false lease agreement with Defendant A, the lower court maintained the first instance judgment that acquitted Defendant A of this part of the charges on the ground that the act of Defendant A’s receipt of rents from the account in the name of the lessor is merely merely a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (abrution) that generates criminal proceeds, and it is difficult to view that the act of Defendant A’s receipt of rents from the account in the name of the lessors in the name of the false lease agreement constitutes the act of
In light of the relevant legal principles and records, the lower court erred by misapprehending the legal doctrine on the act of pretending the fact about the acquisition or cause of criminal proceeds, as alleged in the grounds of appeal.
subsection (b) of this section.
(c)
Defendant
B As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) with respect to B, the lower court.