특정경제범죄가중처벌등에관한법률위반(횡령)
The judgment below
Part concerning Defendant A and C shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
(2).
1. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of facts is used by Defendant A for use by H and lending KRW 500 million out of the victim company’s capital to H, and since the actual principal offender is H, the judgment of the court below which found Defendant A guilty of embezzlement is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment.
(2) The sentence sentenced by the lower court of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
B. The judgment of the court below which found Defendant B guilty of embezzlement even though Party B did not have the intent of illegal acquisition or the intent of embezzlement, was erroneous in the misapprehension of facts and affected the conclusion of the judgment.
C. Defendant C (1) misunderstanding of facts or misunderstanding of legal principles as an employee of the victim company C (1) and Defendant C did not know at all about the use of the company funds and did not intend to obtain illegal profits as an employee of the victim company B. However, the court below erred by misapprehending the facts and thereby affecting the conclusion of the judgment.
(2) The sentence imposed by the lower court (one year and six months of imprisonment, two years of suspended execution) is too unreasonable.
2. Determination
A. (1) As to the Defendant A’s assertion of mistake, the lower court: (a) based on the evidence, determined that the Plaintiff, the parent company of I, was entitled to the allocation of shareholders around July 2007; (b) Defendant A required to pay KRW 1.73 billion to participate in the shareholder H’s offering of capital; and (c) Defendant A borrowed KRW 1.23 billion from P to raise the said money; and (d) Defendant A arranged to borrow or borrow KRW 500 million from Q, one’s own branch; and (e) Defendant A’s funds KRW 500 million from the victim’s company.