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Reasons
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(영문) 서울고등법원 2017.11.23 2017노431
업무상배임등
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The judgment below

Among them, the part of conviction against the Defendants (including the part of acquittal) and the part of the Defendants' duties are voluntary.

Reasons

1. Summary of grounds for appeal;

A. Defendant C (1) 1) The annexed list of crimes (A) is referred to as “the list of crimes” below the list of crimes.

(5) The Defendant, at the end, borrowed D’s 1, 2, 4, and 7 times a net crime list (5) and received it from D’s 5, 6, 9, 10, 12, 13, and 17 once a net crime list and received it from D’s 11, 14, 15, and 16 once a net crime list.

Even if the Defendant received the repayment of the claim against the victim M Co., Ltd. (hereinafter “M”), and thus, the Defendant did not embezzled it.

B) The Defendant, at the end of the crime sight table (6) received the Defendant’s criminal embezzlement from B on the net 1 of the crime sight table (6). As to the net 2 times, the Defendant was compensated for the marketing and entertainment expenses used in advance by the Defendant, and thus, did not embezzled.

2) The sentence sentenced by the lower court (one hundred months of imprisonment, two years of suspended sentence, ten months of imprisonment, and two years of suspended sentence) is too unreasonable.

B. Defendant D1) The Defendant’s occupational breach of trust in relation to LA building 1103 was due to his claim against M, and the Defendant’s her son’s her son’s son’s son’s son’s son’s her son’s her son’s her son’s her son’

B) In light of the various circumstances cited by the Defendant for occupational embezzlement (1) in the list of crimes committed (1) in the statement of reasons for appeal, the Defendant did not embezzled the rental deposit, rent, and management expenses (hereinafter “guarantee money, etc.”) that is collected by M, such as (1) a crime inundation (1) 4, 14-18, 20, 22, 24-33, 36-3, 38, 41-45, 47-65, 68-73, 75, 72, and 85.

(2) In light of the various circumstances cited by the Defendant for occupational embezzlement as the reason for appeal in the list of crimes (4), the Defendant did not embezzled the deposited money, such as (4) net time 1-12, 14, and 15 (15).

(iii).

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