특정경제범죄가중처벌등에관한법률위반(배임)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. In the course of loan business, the Defendant did not request an appraisal corporation to appraise the future by the method of future prediction evaluation, and failed to properly verify that the external appraisal content was conducted by the method of future prediction evaluation, and submitted data to the Credit Council with the knowledge of the current market price appraisal result, and the Credit Council failed to verify it properly, which was merely a mere receipt of work, and there was no intention that the Defendant would inflict damage on the Credit Union.
B. The lower court’s sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. In order to constitute an ex officio determination (i.e., multiple occupational breach of trust (legal scenarios) and constitute one crime, the damage legal interests are single and the forms of crime are the same, and the multiple breach of trust can be seen as a series of acts based on a single criminal intent.
(2) Each of the loans stated in the facts charged in the instant case constitutes a single comprehensive crime, not a single comprehensive crime (see, e.g., Supreme Court Decision 2005Do5996, Oct. 28, 2005). However, the lower court determined that each of the loans stated in the facts charged in the instant case constitutes a single comprehensive crime. In so doing, the lower court erred by misapprehending the legal doctrine on the relation of the receipt of a crime, thereby adversely affecting the conclusion of the judgment.
With respect to the breach of trust on March 20, 2008 of the facts charged in the judgment of the court below, the defendant asserted that the loans specified in this part of the facts charged are substitute loans after the lapse of the period for filing the statement of grounds of appeal.
㈎ 공소사실의 요지 피고인은 2008. 3. 20. G(이후 H로 개명) 소유의 강원도...