특정경제범죄가중처벌등에관한법률위반(배임)등
Of the judgment of the first instance, the part on conviction against Defendant A (including the part on innocence), Defendant B, and C, and 2.
Summary of Grounds for Appeal
Defendant
A and B: Error of mistake of facts, mistake of facts (as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, only the violation of the Aggravated Punishment, etc. of Specific Economic Crimes, but only the violation of the Aggravated Punishment, etc. of Specific Economic Crimes.)] The Defendants made a false report from the above Defendant C that “a sales contract made between a branch owner and entered an amount lower than the actual transaction price in the contract, and the difference between the actual transaction price and the actual transaction price should be paid separately,” and then, the Defendants made an application for withdrawal based on the transaction notified to him and requested L (hereinafter referred to as “L”) to execute funds.
The defendants received the above payment from the props C to the account in the name of the prop that he received in advance from the props, and then consumed the defendants later, and there is no fact that the defendants acquired the profits.
The sentence imposed by the lower court on the Defendants (one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.
Defendant
C: Error of facts or misunderstanding of legal principles, and misunderstanding of unreasonable sentencing, the Defendant opened a passbook under the name of the Defendant K on behalf of the Defendant, and heard that the Defendant would return the down payment paid to the Defendant on behalf of the Defendant J (hereinafter “J”) or the money lent to the Defendant K on behalf of the Defendant Co., Ltd. (hereinafter “J”), and made the Defendant open a passbook and notified the Defendant of the account information more and more, and did not participate in a series of process of receiving money exceeding the real purchase price from L.
The role of the defendant in the misapprehension of the legal principle is to establish a land sale contract by acquiring the prop, but in the process, it is requested to open a passbook to receive the purchase price to the prop at the request of the defendant K.