특정경제범죄가중처벌등에관한법률위반(배임)등
The judgment below
Among them, the defendant A and C's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) shall be reversed.
As examined below, the summary of the grounds for appeal is that the defendant A and B violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (afford) is guilty, the court below found the defendant A and B guilty of all of the facts charged, but the court below found the defendant guilty of this part of the facts charged. In so doing, the court below erred by misapprehending the facts and misapprehending the legal principles on the
Defendant A, B related to the AA Company, who had a relationship with Defendant A.
AD AA Co., Ltd (hereinafter referred to as “A”) whose representative is AD, is faced with financial difficulties, and the intention to assist AA was held by it, at the same time.
BT Technology, as it loans Y (hereinafter “Y”) goods in a corporation, etc., and it has been an uncertain evaluation as adequate material.
AH accounting firm's report on corporate value assessment by accepting new shares by the method of determining the value of new shares without sufficient review or verification and causing damage to Y.
The decision-making process conducted within Y in relation to this investment is merely a process that has been formally followed to implement Defendant A’s investment instructions, and was not accepted new shares due to normal management judgment.
Defendant A and B related to AK sold the shares of AK (hereinafter referred to as “N”) owned by Defendant A, the 7th degree of relationship of Defendant A, to AP at a double-use of the par value per week, and acquired N by investing a large amount of 5.7 billion won per share in the capital increase of a new production company, which is a new production company, that is a company that has no human and physical property, in order to facilitate the recovery of investment funds for NN, in order to increase the value of N unfairly.
Defendant A, B, and AM (hereinafter referred to as “AW”) related to AW, upon the request of major shareholders, and for their interests, the management Y takes over AW.