배임수재등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and four months.
435,000,000 won from the defendant.
1. Summary of grounds for appeal;
A. Fact-finding 1) The fact that the Defendant received KRW 20 million from AA around October 2009 with respect to the receipt of money and valuables from the part of the property in breach of trust (the fact of the lower judgment)
2.(b)
1) The facts of the lower judgment that each of them received KRW 30 million from AC on March 201, 201, KRW 20 million on August 201, and KRW 30 million on September 201, 201, respectively.
2.(b)
3) There is no relevant provision.
Nevertheless, the judgment of the court below which found the defendant guilty as to this part of the facts charged is erroneous, which affected the conclusion of the judgment.
2 With respect to the intent to receive property in breach of trust, to receive property in breach of trust or to obtain property in breach of trust, or to obtain property in breach of trust, the Defendant received from AD the amount of KRW 50 million around June 2012, KRW 50 million around October 2012, KRW 30 million around March 19, 2013, and KRW 20 million around April 5, 2009 through around July 8, 2009, and KRW 30 million from AK around July 5, 2010.
In addition, while using the title E corporate card, the Defendant received an excessive amount of KRW 58,30,000 in total by receiving the excessive calculated portion from AP, a restaurant, in cash.
However, since this part of the funds are received from the beginning to be used as field expenses, and are managed and disbursed as expenses, there was no intention of breach of trust or illegal acquisition at the time of acquisition.
Nevertheless, the judgment of the court below which found the defendant guilty as to this part of the facts charged is erroneous, which affected the conclusion of the judgment.
B. Even if the Defendant is found guilty of unreasonable sentencing, the fact that the Defendant used a considerable portion of the money received from the subcontractor’s officers and employees for the victim company and that there are circumstances to consider the Defendant’s offering of bribe to the employees of the Korea Atomic Energy Agency.