logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.03.02 2015노2846
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The judgment below

Of them, the guilty part against Defendant A (including the acquittal part for reasons) shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A misunderstanding the facts and misapprehension of the legal doctrine) related to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (A) is the black money that the Defendant purchased at least 300 mother money (G) that only was frighted from the RA and offered as security for transfer at the victim’s new mutual savings bank (hereinafter “new mutual savings bank”) with the funds for the G Co., Ltd. (hereinafter “G”) of his livestock products wholesale retail company (hereinafter “G”), and raising them together with pigs that were taken out of thischeon farm in the list of crimes as indicated in the judgment of the court below. The fact that the Defendant purchased at least 300 mother money (G) and offered as security for transfer at the victim’s new mutual savings bank (hereinafter “new mutual savings bank”).

Therefore, the above pigs were not provided as collateral for transfer to the victim, and Defendant A disposed of it at will.

Even if it does not constitute a breach of trust.

B) Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), Article 7 of the victim agricultural company related to occupational embezzlement, G, H (hereinafter “agricultural company G”), and G are merely a separate legal entity formally only. All Defendant A is a representative director. Defendant A is a victim agricultural company G and H obtained a loan from a new mutual savings bank. Defendant G and H are jointly and severally guaranteed by the Defendant and G constitute a substantial borrower and the actual victim is a mutual savings bank.

The new mutual savings bank and J also known these facts and they would be able to repay only the loan principle to the defendant.

Therefore, the defendant received a return of the feed price and deposited part of it into G and used it as the operating fund of G.

Even if Defendant A had no intention to commit embezzlement, Defendant A had no intention to commit embezzlement.

2) Taking into account the fact that Defendant A, who was unjustly sentenced to sentencing, committed the instant crime by birth on a special form of loan agreement as in the instant case.

arrow