특정경제범죄가중처벌등에관한법률위반(배임)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for five years.
From the defendant 129,320.
1. The grounds of appeal are examined to the extent of supplement in case of supplemental appellate briefs not timely filed, including a statement of reasons for appeal, a statement of reasons for appeal, and a statement of reasons for appeal.
the summary of this chapter
A. Defendant 1) The victim E Co., Ltd. (hereinafter “E”) is not in the position of a person who administers another person’s business regarding the facts charged in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and the subject who is obligated to prevent the excess of the credit under the Rules on the Management of Sales Claim and the Regulations on the Management of Sales Proceeds. The head of the business division, which is the head of the business division, is the head of the team, and the defendant is not in the position of the person who administers another person
B) The use of the WINGS system, which is the former computer system created by the Defendant, by the Defendant, does not mean that it is normally used by the Defendant. As such, the Defendant’s use of the WINGS system is irrelevant to breach of trust. Moreover, the Defendant did not recognize any violation of the provisions because it was not educated on the Business Management Regulations, the Rules on Management of Sale Claim, and the Sales Fee Management Regulations. Therefore, the Defendant did not have any intent to breach of trust. Therefore, the Defendant calculated the amount of property damages (i) the error of calculating the maximum debt amount of KRW 2 billion when he was granted a right to collateral security from J Co., Ltd. (hereinafter “J”) upon the recognition of the establishment of the right to collateral security amount of KRW 4.1 billion, and the officially assessed value of the land and buildings located in the wife is KRW 9 billion, not KRW 3.2 billion, and thus, it should be recognized as the amount of collateral security.
② Promissory notes received from J are expected to settle approximately KRW 1.3 billion after three months, and thus, the part corresponding to the above amount shall be deemed as normal transactions.
(3) The portion received in cash amounting to 50 million won shall be after the termination of breach of trust.