특정경제범죄가중처벌등에관한법률위반(횡령)등
All appeals by the Defendants are dismissed.
The court below found Defendant A guilty of the offering of a bribe to AH among the facts charged against Defendant A, and it is not sufficient to recognize that Defendant A itself offered a bribe with respect to “the portion of offering a new-use car for the new-use car” itself as a bribe.
On the other hand, the court found the defendant guilty only on the part of the public interest equivalent to the use profit.
As to this, only Defendant A appealed against the above guilty portion, and the prosecutor did not appeal against the acquittal portion for the above reasons, the above acquittal portion for the reason was transferred to this court together with the remaining conviction portion for the crime, but has already been exempted from the object of attack and defense between the parties, and was virtually exempted from the object of trial.
Therefore, the conclusion of the judgment of the court below on the part not guilty of the above reasons shall be followed, and it shall not be judged separately.
Summary of Reasons for appeal
A. Defendant A: (a) The term “Defendant A” refers to “Defendant” without indicating the name of the Defendant in each of the pertinent items of the Defendant; and (b) the Defendant is named solely with the name of the Defendant; and (c) the name of the Defendant, if necessary, shall be written additionally.
In fact, misunderstanding of legal principles, misunderstanding of sentencing 1) In fact, the lower court found the Defendant guilty of the following charges without considering the following facts. In so doing, the lower court did not have any specific plan on the business of replacing facilities and equipment around July 2010, when the Defendant began to pay the amount to AP.
The defendant, as a co-friendly relationship with AP, has been able to assist the lender in paying school expenses of pro-Japanese.
Therefore, the amount that the defendant paid to AP is not the price for illegal solicitation related to the above business.
B) The Defendant is the word “AF Co., Ltd.” to which the bribe was given to B.