특정경제범죄가중처벌등에관한법률위반(횡령)등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for two years.
(2) the date of this judgment.
1. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) by No. 21 among the facts charged in the instant case, the lower court rendered a not guilty verdict on the ground that there is no evidence to find otherwise guilty as being identical to the facts charged in the crime No. 15.
Since the prosecutor did not appeal the part of the acquittal for the above reasons, the part of the acquittal for the above reasons was transferred to this court along with the guilty part in relation to the crime, but was excluded from the object of the attack and defense between the parties and was actually excluded from the object of the trial.
Therefore, the judgment of the court below on the non-guilty portion of the above reasons is not separately determined based on the conclusion of the judgment below.
2. Summary of grounds for appeal;
A. Defendant 1) Defendant 1: (a) transferred the used benz vehicle owned by the Victim E Co., Ltd. (hereinafter “victim”) to his wife in the form of KRW 15,000,000; and (b) the representative director actually paid the price, instead of paying it, Defendant 1’s intent of unlawful acquisition is not recognized.
B) The Defendant 2 or 4 used 30,50,000 won, which was withdrawn from the account of the victimized company over three occasions, as the representative director, for all the costs of the victimized company’s business operation, and thus, the intent of unlawful acquisition of the said money’s embezzlement is not recognized.
C) The Defendant, under the name of the victimized Company, entered into a sales contract for N-owned land in Gwangju-si (hereinafter “instant land”) between N and one’s mother under the name of the victimized Company, and paid KRW 120,000,000 to the amount of the victimized Company as the down payment was an act for the benefit of the victimized Company, not personal interest, and thus, the Defendant’s intent of unlawful acquisition is not recognized.
D) Defendant 6 from October 2007 to December 201, 2013, e.g., crime sight table Nos. 6.