특정경제범죄가중처벌등에관한법률위반(배임)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for three years.
Of the facts charged in the instant case.
1. The first instance court found the Defendant not guilty of the part of the relevant facts charged, which arbitrarily used the money specified in the list of offenses (2) and found the remainder of the facts charged as guilty.
Accordingly, only the defendant filed an appeal on the guilty part of the first judgment on the grounds of mistake of facts, misunderstanding of legal principles and unreasonable sentencing.
Therefore, among the facts charged related to the judgment of the court of first instance, the part of acquittal which the prosecutor did not appeal was brought to the court of first instance along with the part of conviction of the remaining occupational embezzlement charged for a single comprehensive crime, but it should be deemed that the prosecutor was exempted from the object of attack and defense between the parties because the prosecutor did not appeal (see Supreme Court Decision 90Do2820, Mar. 12, 191). Accordingly, the part of the facts charged related to the judgment of first instance is subject to the conclusion of innocence of the judgment of the court
Ultimately, the scope of this court's adjudication is limited to the conviction part of the first judgment and the second judgment.
2. Summary of grounds for appeal;
A. Inasmuch as misunderstanding of facts or misunderstanding of legal principles 1) obligations of KRW 250 million and KRW 200 million against AG out of the obligations with respect to the Z as indicated in the judgment of the first instance court, all of the obligations with respect to the purchase of the instant land, which is the site for the instant container, are all the obligations that the debtor is not the defendant, but the victim X-do Co., Ltd. (hereinafter “X-do”).
B. Even if each of the obligations stated in Paragraph (1) of the crime of the first instance judgment was the Defendant’s original obligation, the Defendant promoted the new construction project of the instant containers with personal funds and succeeded to the business without compensation around May 2007 to the victim X Contac. In the process, the Defendant’s all of the obligations owed by the Defendant with respect to the purchase of the instant land and the promotion of the instant project were implicitly accepted to the victim X Contac.
In addition, the victim X Contac is 100% of the shares of the defendant.