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(영문) 서울고등법원 2016.11.25 2016노1112

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

The judgment below

Among the convictions and innocences, the establishment of gambling places and the violation of the Foreign Exchange Transactions Act.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment, three years of suspended execution, confiscation, additional collection charge 12 million won) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (the part not guilty in the original judgment) the lower court found the Defendant not guilty of the facts charged as seen below was erroneous or misunderstanding of legal principles, which affected the conclusion of the judgment. (A) In the course of investigation and trial, M, CB, and BD must take into account the circumstances under which the instant persons, including M of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) continue to be threatened by the Defendant from the Defendant’s side during the investigation and trial process, to determine the credibility of their statements; (b) M, CB, and BD consistently acquired bonds by the Defendant at the investigative agency and provided AF (hereinafter “AF”); and (c) stated to the effect that the Defendant provided the certificate of deposit in the above company’s possession as security; and (d) AI intentionally participated in the trial process with the Defendant’s partner as a joint underwriter from December 12, 2012 to prepare a certificate of deposit in the AF deposit to borrow the acquisition fund as security; and (c) Defendant’s/U&&M during the remaining period.

B) The Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”) on the grounds of the use of undisclosed important information.

If new shares are acquired by exercising a warranty, it shall be made public so long as it can be disposed of.