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(영문) 대법원 2018.2.8.선고 2016도9838 판결

가.특정경제범죄가중처벌등에관한법률위반(횡령)·나.업무상배임·다.조세범처벌법위반

Cases

Do 2016 Do 9838 A. Violation of the Act on Punishment, etc. of Specific Economic Crimes (Embezzlement)

(b) Occupational breach of trust

C. Violation of the Punishment of Tax Evaders Act

Defendant

A

Appellant

Prosecutor

Defense Counsel

legal entity G.

Attorney FK, I

Judgment of the lower court

Seoul High Court Decision 20152945 decided June 9, 2016

Imposition of Judgment

February 8, 2018

Text

The appeal shall be dismissed.

Reasons

The grounds of appeal are determined.

For the same reasons as the judgment of the court below, among the facts charged in this case, the following facts are as follows: ① a violation of the Act on the Punishment, etc. of Specific Economic Crimes (Embezzlement) around May 11, 201 and around June 30, 201; ② occupational breach of trust on March 6, 2009; ③ a violation of the Act on the Punishment, etc. of Specific Economic Crimes (Embezzlement) on February 10, 201 and 12, 31; ④ a violation of the Act on the Punishment, etc. of Specific Economic Crimes (Embezzlement) from June 28, 2010 to around January 11, 201; ⑤ a violation of the Act on the Punishment, etc. of Specific Economic Crimes by omission in sales; and (b) a violation of the Act on the Punishment, etc. of Tax Offenses is without merit; and (c) a violation of the Act or a violation of the Act on the Punishment, etc. of Tax Offenses is not justified.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jae-young

Justices Ko Young-han

Justices Kwon Soon-il

Jeju High Court Decision 205 Cho Jae-chul

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