특정경제범죄가중처벌등에관한법률위반(배임)등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
50 million won from the defendant.
1. Of the instant facts charged, the lower court acquitted the Defendant on the violation of the Bankruptcy Act due to the conclusion of a false consignment service contract and the sale of assets at an unfair price in the assets of H (hereinafter “H”), among the following facts: (a) each occupational breach of trust due to the sale of assets at an unfair price in the assets of H (hereinafter “G”); (b) embezzlement against the victim I; (c) the use of each private document; (d) the use of each private document; and (e) the conclusion of each consignment service contract and each unfair price in H assets of G; and (e) the conclusion of each consignment service contract and each unfair price in the assets of H against G
However, since only the Defendant appealed against the guilty portion of the judgment of the court below, the acquittal portion of the judgment of the court below is separated and decided to be excluded from the scope of the judgment of this court.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. Summary of grounds for appeal;
A. As to the expiration of the statute of limitations on April 21, 2005, the Defendant only left the Republic of Korea to operate a business in Japan while working for the cosmetics company in Japan on or around April 21, 2005, and it was not predicted that his/her complaint against himself/herself would have been filed, the Defendant did not stay in Japan with the intent to escape criminal punishment. Even if the reported matters of May 26, 2005, stating that “the Defendant is unable to return to Korea due to his/her internal intent,” were prepared by the Defendant’s intent, the Defendant merely perceived that he/she was going against the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the violation of the Bankruptcy Act, the Bankruptcy Act, and the occupational embezzlement), and it cannot be deemed that the Defendant was anticipated that he/she would be subject to criminal punishment regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.
Nevertheless, the court below's decision on this part of the facts charged.