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(영문) 서울고등법원 2013.08.30 2012노803

배임수재등

Text

The judgment below

The guilty part (including the part not guilty) shall be reversed.

Defendant

A Imprisonment with prison labor of one year and six months and fine of 4 billion won.

Reasons

Summary of Grounds for Appeal

The part N on the property in breach of trust from N on the Defendants of the Prosecutor (De facto M or misunderstanding of legal principles) paid to the Defendants 500,000 won and earnings per store in return for M supply and sales store sales store occupants to H (hereinafter “H”) and it is obvious that the Plaintiff would have paid all profits except labor costs and expenses, etc. in connection with R sales store occupants, but only 50,000,000 won paid regularly to N and C’s H sales store, which included C’s cost for the transfer of the right to manage the sales store, and the lower court erred by misapprehending the fact that the lower court erred by misapprehending the fact.

Defendant

On the part of the charge of breach of trust against A and B, the defendant C made a clear statement at the prosecutor's office on the fact that it had been extended to the defendant A through the defendant B. Among the seizures of the defendant B, there was a expansion details received from the above defendant C, and in light of the head of passbook remitted from the above defendant C and the wife of the above defendant C to X and B, the court below found the defendant guilty on this part of the charge even though it was sufficiently convicted.

Defendant

It is logical to reject N’s statement based on the presumption that: (a) the head office of H, the head office of which issued a U.S. beef disposal order for the violation of the Processing of Livestock Products Act against A and B and that is likely to be infected by Mad Cow Disease, was clearly confirmed by the relevant party’s statement; (b) the sale of “other than the “documents” was mixed; (c) the distribution period of freezing meat was ten months for the reason that the phrase was mixed; and (d) the distribution period of freezing meat was ten months for the reason that the industry was publicly known; and (e) the fact that the distribution period was altered by N’s statement was clearly recognized, despite the fact that the relevant quantity was very large and there was a concern about damage to Mad Cow at the time of the Stick’s replacement.