특정경제범죄가중처벌등에관한법률위반(횡령)
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and for four years, respectively.
, however, the defendant.
1. Summary of grounds for appeal;
A. Defendant A (unfair sentencing)’s punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.
B. Defendant B 1 is guilty of the facts (as to the part of KRW 500 million paid to the O out of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) / In order to obtain a loan of KRW 5 billion from the Industrial Bank of Korea, the victim H (hereinafter “H”) requires the establishment of a pledge right on the deposit claim of KRW 2 billion, upon introduction by theO, the Defendant borrowed KRW 2 billion from W. The Defendant established a pledge right and thereafter paid KRW 300,000 to W through O as interest and fee, and ② the remainder of KRW 200,000,000,000,000 won was paid to O as the need for attracting investment by the victim company. Thus, the Defendant used the above KRW 50,000 for personal purpose.
shall not be deemed to exist.
2) In light of the legal principles, the Defendant had a joint and several surety under a management judgment that it would benefit the victim company by examining the profitability of Q Q development project (hereinafter the above park as a foundation corporation (hereinafter referred to as " Q and the above business) and the profitability of the above business (hereinafter referred to as "the above business"). Therefore, there was no intention of breach of trust.
3) The sentence sentenced by the lower court to the Defendant (five years of imprisonment) is too unreasonable.
2. Determination
A. As to Defendant A’s assertion of unfair sentencing, the Defendant arbitrarily used the part of the H acceptance deposit paid by the victim using trust relationship formed through the preparation of the victim I and H acceptance process, and in particular, he/she acquired personal benefits, such as having the victim take over the H by paying to B and having the H take over the H, and he/she appointed as the vice president of H and received the H benefits. It is recognized that the crime is not good.
However, all of the crimes of this case are recognized by the defendant, and they are against the depth.