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(영문) 부산고등법원 2014.10.23 2014노370

배임수재

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the case of the facts charged (as indicated in the original judgment No. 5, 6 related to the crime sight table No. 5 and 6), Defendant 1 cannot be deemed to have been specified in the facts charged since the date, place, and method of receiving KRW 10 million from G are not specified, inasmuch as the date, place, and method of giving and receiving KRW 10 million from G are not specified. Thus, Defendant 1 should be dismissed preferentially.

B) With respect to the existence of illegal solicitation, at the time when the Defendant was engaged in the vessel design work in D Co., Ltd. (hereinafter “D”), E cable displays supplied by G are bound to design according to the instructions from the owner of the vessel, and G can exclusively be produced and supplied from G to F Co., Ltd. (hereinafter “F”), and there is no reason for G to make illegal solicitation and grant money and valuables. C) The Defendant did not know that the Defendant was aware of the fact that there was no money transfer from G’s account under the name of the Defendant, and that the Defendant did not receive KRW 10 million,00,000,000 from G around February 14, 201 and around February 3, 2011, and that there was no reason for the Defendant to receive money from G’s account under the name of G’s account, and that the Defendant did not receive money from G’s account transfer from G’s account under the name of KRW 1 to 4,000,000.