업무상횡령등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
Summary of Grounds for Appeal
The court below erred by misapprehending the legal principles, misunderstanding of facts, and misunderstanding of legal principles as to the intention of unlawful acquisition and thereby finding guilty of each charges, as follows: (a) the embezzlement of each occupational violation of the rules of evidence and the rules of evidence (the law scenarios, factual errors, and violation of the rules of evidence); and (b) the Defendant’s family members.
The Defendant’s salary, etc. (No. 32, 35, 39, 43, 47, 52, 56, 60, 66, 70, 79, 80, and 87 No. 32, 35, 39, 43, 47, 52, 56, 60, 66, 70, 79, 80, and 87) against the Defendant was appointed as the representative director at a resolution of a legitimate general meeting of shareholders by the victim D Co., Ltd. (hereinafter “victim”) in accordance with the procedures
Although it is recognized that there is no substance of the resolution of the general meeting of shareholders on September 26, 201 of the affected company's benefits from September 201 to March 9, 2012 (No. 4, 8, 12, 16, 19, 23, and 28 of the crime list in the original judgment), such as the Defendant's benefits to Defendant's wife I, it is recognized that there is no substance of the resolution of the general meeting of shareholders as of September 26, 2011, but one who was appointed and performed duties as a director in such defect and worked as an employee, not an officer, and one who was appointed and performed duties as a director in the resolution of the general meeting of shareholders. Whether the employee's benefits are paid, the Defendant who is the representative director, and there is no intention of unlawful acquisition as to
② On or after March 14, 2012, I received benefits as a director, and retirement allowances (No. 31,36,40,44, 48, 53, 57, 61, 67, 71, and 75 No. 133 of the list of crimes in the judgment of the court of original instance) received as a director was determined in the same resolution when I was appointed as an internal director at a shareholders’ meeting lawfully held on or after March 14, 2012.
Therefore, there is no intention to acquire unlawful profits for the portion of the benefit paid after the above period.
③ The portion of the bonus (No. 77,81, and 86) paid after December 14, 2012 shall be as of July 9, 2012. < Amended by Presidential Decree No. 23948, Jul. 9, 2012>