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(영문) 서울고등법원 2020.01.15 2019노1804
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

Summary of Grounds for Appeal

Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) for victims of mistake of facts and misapprehension of legal principles, the lower court calculated that the embezzled amount is more than 500 million won based on consumer price, but should calculate the amount of embezzlement based on inventory price, and in this case, since the embezzled amount is less than 500 million won, it does not meet the requirements for the establishment of Article 3 (1) 2 of

The court below of occupational embezzlement against the victim AF shall calculate the amount of embezzlement on the basis of the purchase price, but shall calculate it on the basis of inventory price.

The lower court against the victim E did not verify whether the Defendant purchased a freezing container, and whether E was found the Defendant for employment.

The lower court did not confirm whether the Defendant purchased Bodona disease.

The punishment sentenced by the court below of unfair sentencing (seven years of imprisonment) is too unreasonable.

The "amount of profit" in Article 3 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes means the sum of the values of the property or property gains acquired or made a third party acquired through the listed criminal acts, ultimately, whether to realize such benefits, and what conditions or burdens have not been imposed on the victim I for the determination of the misconception of facts and the misapprehension of the legal principles.

(See Supreme Court Decision 2013Do2015 Decided April 11, 2013). In full view of the following circumstances that can be recognized by the evidence duly adopted and investigated by the lower court and the lower court in light of the foregoing legal doctrine, the amount of embezzlement of the victim I for the crime of violating the Specific Economic Crimes Act (Embezzlement) against the victim I is the amount of clothes 15,010 (hereinafter “instant clothing”) kept by the Defendant as entrusted by I.

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