logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.11.03 2016노2718
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. Each of the Defendants’ frauds, Defendant A, working as the vice president of the NN Group, provided legal advice and suggestions related to the sale of the AC shopping mall (hereinafter “the shopping mall in this case”), and participated in each of the crimes in this part.

In addition, Defendant B, after having consulted with the victim Q Q, AU, AS, and AT, prepared a lease contract, received each lease deposit from the above victims, and was well aware that the financial status of the NN group was not good at the time.

In light of the above circumstances, it can be sufficiently recognized that the Defendants conspired with K to commit each of the crimes in this part.

B. Defendant A’s occupational breach of trust against the victims of the incident Nos. 2, 3, and 4 attached to the judgment of the court below. Defendant A, which is the victim of the shopping mall of this case, prepared a sales contract under the name of AI Co., Ltd. (hereinafter “AI”) between the victims of the incident Nos. 2, 3, and 4 attached to the judgment of the court below, which is both the shopping mall of this case and the victims of the incident No. 2, 3, and 4, which are both the shopping mall of this case, and directly takes charge of the duties of establishing each right of interest in part of the shopping mall of this case under the name of AY, AY, BA, B, B, and AD (hereinafter “AD”), so the facts of this part can be fully recognized in collusion with

(c)

Defendant

A's each victim AD and BI's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and each occupational breach of trust against victim B Q as stated in each of the facts charged in this part, where the debtor arbitrarily disposes of the real estate before completing the registration of transfer of ownership, and where the debtor completes the registration of creation of mortgage in the name of a third party in order to secure the debtor's obligation, without performing the obligation to register the creation of mortgage in the name of the creditor.

arrow