특정경제범죄가중처벌등에관한법률위반(횡령)
The judgment of the court below (including the part not guilty in the grounds) shall be reversed.
Defendants are not guilty.
1. The summary of the facts charged in the instant case: D (the representative E; hereinafter “D”) is a company specializing in the manufacture of heavy equipment parts; E (the “F”) was established in China around 2004; (b) around 90% of the used equipment parts manufactured and sold in D were manufactured from F; and (c) imported them into D and completed manufacturing process of 10% of the remainder in D; and (d) sold them at home and abroad. Since around 2011, E had aggravated dementia and thereafter, G, E’s wife, a father, operated in fact.
Defendant A, who is the E-car, has overall control over F’s overall business as F’s general interest from August 201 to January 4, 2015, and reported F’s business status to E and G. The Defendant C, as the representative director of H Limited Corporation (hereinafter “H”) established by investing with Defendant A around 2013, operated H with Defendant A. Defendant A, and Defendant B, from February 2015 to March 4, 2015, was engaged in overall control over F’s overall business affairs.
A. Defendant A and C’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) intended to remove production equipment and raw materials used in F from H established by the said Defendants through investment from around 2011 to use the F due to aggravation of dementia.
Defendant
A around November 2012, while keeping three of the three of the total market values of F in F factories located in the Madong City of China for F, the three of the above three of the 249,390,000 won, together with Defendant C, arbitrarily ships the three of the 3 of the 3 of the 3 of the 3 of the 3 of the 1,335,327,000 won into H factories located in the above Cheong City. From that time to the end of the end of 2014, the production equipment and raw materials of the 1,35,327,032 won in the same way as the 1 of the list of crimes in the attached Form No. 27.