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(영문) 대구고등법원 2015.11.19 2012노467

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) among the facts charged, the first instance court rendered a not guilty verdict on the charge of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and sentenced to a fine of KRW 5 million, and only the prosecutor appealed on the part of the first instance judgment.

The second instance court rendered a not guilty verdict on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged, and convicted the prosecutor of the violation of the Punishment of Tax Evaders Act, and appealed only to the second instance judgment on the ground of mistake of

Therefore, since the guilty portion of the judgment of the court of first instance is separately determined by the intention of the appeal period, the judgment of this court is limited to the acquittal portion of the judgment of the court of first instance and the whole judgment

2. Summary of grounds for appeal;

A. The non-guilty part of the first judgment of the lower court [the point of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)] is erroneous in the misapprehension of the judgment that the defendant and the stock company (hereinafter "G") (hereinafter "the "J") have a business relationship with the removal of old factory and the trade of by-products generated from the above construction site (hereinafter "the business of this case") while there are various evidences and circumstances supporting the credibility of the above G representative director H's statement, and the court below rejected the probative value of the statement, and there is no proof of a crime against this part of the facts charged.

B. Summary of the grounds for appeal against the second original judgment 1) misunderstanding of facts [the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud]] of this case, the deception of the facts charged about the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes