특정경제범죄가중처벌등에관한법률위반(횡령)등
The judgment of the court below (including the portion not guilty) shall be reversed.
A defendant shall be punished by imprisonment for four years.
1. Summary of grounds for appeal;
A. Defendant 1) The entry of the defense counsel’s written opinion and a summary of oral argument, etc. submitted after the lapse of the period for filing an appeal by mistake of facts or misapprehension of the legal principles is considered to the extent of supplement
A) (1) The Defendant was ordered to transfer KRW 2.6 billion to G Co., Ltd. (hereinafter “G”) employees upon receipt of the J’s instruction from the J, and issued orders to transfer KRW 2.6 billion to another G Co., Ltd. (hereinafter “G”), which was in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) related to G (Embezzlement). However, the said account was another G account and was not aware that the said funds were withdrawn thereafter.
Therefore, the Defendant did not have been involved in the crime of embezzlement of KRW 2.6 billion, and there was no intention to commit the crime of embezzlement.
(2) The Defendant: (a) received the direction from J and instructed G employees to transfer KRW 2 billion to L Co., Ltd. (hereinafter “L”); (b) there was no participation in the crime of embezzlement of KRW 2 billion in this part; and (c) there was no intent of embezzlement.
B) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) related to H-related Specific Economic Crimes (Embezzlement amounting to KRW 13 billion in relation to paragraph (2) of the criminal facts stated in the judgment below (the sum of KRW 20 billion in attached Table 2 of the crime committed in the judgment below) was held by H (the sum of KRW 13 billion in relation to September 9, 2010) under the direction of J (the sum of KRW 2 of the crime committed in the judgment below is changed to “Corporation I”; hereinafter the sum
There is no fact that the defendant has been involved in the process of selling stocks, the transfer of funds for selling stocks, and the process of withdrawing cash.
In particular, at the time of the progress of G acquisition work, raising funds from bond holders was normally borrowed, and held in M.
In selling G shares, M shares shall be sold at the request of AY, etc., the former owner of G.