특정경제범죄가중처벌등에관한법률위반(횡령)
The judgment of the court below is reversed.
Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.
1. Summary of grounds for appeal;
A. The lower court found the Defendants guilty of the facts charged that, on the premise that the actual owner of U.S. Co., Ltd. is the victim J., and that there was no right to the shares issued by U. U.S., the Defendants embezzled KRW 2 billion, which the Defendants received on behalf of U.S. in accordance with the decision in lieu of conciliation in the said share-related lawsuit, using the funds for the management of the company, etc. while they were kept on behalf of the said victim. However, since the actual holder of U.S. shares was not J but N.N., the Defendants did not hold the said funds worth KRW 2 billion on behalf of the said victim, the Defendants’ act does not constitute embezzlement (the above adjusted funds KRW 2 billion, excluding the part corresponding to the said funds in the name of the said victim, and the remaining amount excluding KRW 2 million in the said funds, was appropriated for the repayment of liabilities and operating expenses of N.
2) The lower court’s sentence against the Defendants (Defendant A, Defendant C, Defendant B’s imprisonment with labor for one year and six months, and two years) is too unreasonable even if the Defendants were guilty of unreasonable sentencing.
B. The lower court’s sentence against the Defendants by the prosecutor is too uneasible and unreasonable.
2. Determination
A. Summary of the facts charged in the instant case 1) Defendant B and the victim JJ in the process of the establishment of U Co., Ltd. (hereinafter “N”) and the lawsuit to provide collateral and return its shares, around 1998.
Defendant A and C established a golf course and jointly operated as a representative director, and the executives and employees of the N or related company were the victims of this case. Around 2003, the victims of this case formulated a plan to provide N’s operating funds with profits derived from the operation of the golf course. Around March 6, 2003, the victims of this case accepted 50,000 shares issued on March 6, 200 and paid 50,000,000 won (hereinafter “U”).
(b).