특정경제범죄가중처벌등에관한법률위반(횡령)등
The appeal is dismissed.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), this part of the Defendant’s ground of appeal is that the Defendant used money to overcome the managerial crisis situation of the FF Co., Ltd. (hereinafter “F”), and to expand its normal business and secure the financial soundness, and thus, the Defendant did not have any intent to obtain illegal gains, the lower court erred by misapprehending the legal doctrine thereon, and found the Defendant guilty of the remainder of the charges in violation of the rules of evidence.
However, examining the reasoning of the judgment below in light of the records, the court below was justified in finding the Defendant guilty on the ground that the evidence presented in the judgment below, based on its reasoning, was adopted.
There is no error as alleged in the grounds of appeal.
2. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation)
A. The Defendant’s ground of appeal on this part is as follows.
In other words, regardless of F's profit-making or management needs, the Defendant solely borrowed funds in F's name for personal purposes and offered F's property as security is an abuse of the Defendant's power of representation, and the Z Co., Ltd. (hereinafter "Z") was aware of the abuse of the Defendant's power of representation.
In addition, F, while lending KRW 2 billion to F, agreed to receive interest of KRW 300 million in one month, KRW 500 million in two months, KRW 700 million in three months, and KRW 2 billion in four months constitutes anti-social order activities.
Therefore, the defendant's act of offering the above security has no effect on F, so it can be said that F has a risk of causing damage.