beta
(영문) 서울고등법원 2015.11.19 2015노925

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

The judgment below

Part concerning Defendant D and I shall be reversed respectively.

Defendant

D Imprisonment with prison labor for three years, and Defendant I.

Reasons

1. The summary of the grounds for appeal of the grounds for appeal shall be examined within the scope of supplement in case of the supplemental appellate brief filed in excess of the deadline for submitting the grounds for appeal.

Defendant

D In the case below, the name of the defendant is not indicated in each applicable item of the defendant, and the name is referred to as "the defendant", and the upper defendant shall be referred only to the name, but if a specific name is required, the name shall be stated additionally.

The judgment of the court below which convicted the Defendant of the following facts by misunderstanding of facts, misunderstanding of legal principles, misunderstanding of facts, and misunderstanding of legal principles, which affected the conclusion of the judgment. (A) Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and occupational embezzlement, which are ① the rent of the former factory paid to DR, ② The monthly remuneration of KRW 111,480,000, ② the monthly remuneration of KRW 121,70,000, and ③ AC AC Co.

An abbreviationd name that is reduced in the lower court below and used by the lower court shall be used in the first instance court as it is, and in the case of a corporation, the indication of the “stock company” shall be omitted.

The amount of KRW 900,00, and KRW 58,59,560 paid by AC as sales management and manufacturing expenses for the period from 2009 to 2013 are merely KRW 58,59,560. In addition to the above teaching expenses paid by AC, various event support expenses and gift expenses requested by the transaction partner, transaction staff and congratulatory investigation expenses, subsidies, and entertainment expenses and business activities expenses incurred by AC are all disbursed from the extra funds created by Defendant D. The expenses claim that KRW 15,00,000 per month and KRW 90,000 per five years are about 1.3% of ordinary sales.

(4) 2,936,123 won paid to employees of AC due to encouragement, life-saving bonus, congratulatory investigation expenses, leave expenses, etc., 50 million won paid as the amount of capital increase, 60 million won paid as the amount of capital increase, 191, 101, 114 won, 7 branch offices AC established and operated as subsidies for affiliates.