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(영문) 대전고등법원 2015.12.11 2015노361
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment below

Of those, the whole guilty part and the joint and several liability shall be borne.

Reasons

1. With respect to each of the facts charged in this case, the lower court rendered a not-guilty verdict on each of the following facts: (a) the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) due to joint and several liability; (b) the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes due to the violation of the obligation to report possession in bulk; and (c) the violation of the Aggravated Punishment, etc. of Financial Investment Services and Capital Markets Act due to the violation of the obligation to report ownership in bulk; and (d) the violation of the Aggravated Punishment, etc. of Specific Economic Services and Capital Markets Act due to the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) Nos. 3, 4, 5, 7, and 12 of the attached Table 3, 4, 5, 7, and 12; and (e) the violation of the Aggravated Punishment

However, among the parts not guilty and acquitted, the prosecutor did not appeal the remainder except the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) due to the burden of joint and several liability.

Therefore, the verdict of innocence and acquittal are excluded from the judgment of this Court.

2. Summary of the grounds for appeal and determination thereof

A. The summary of the grounds for appeal (a) as to the embezzlement of the subscription price for new shares offering, Co., Ltd. (1) The Defendant was not in the position of the custodian of the subscription price for new shares offering that was paid on March 24, 2010 by G (former company name was changed to “AL”) and did not substantially control G at the time.

G paid-in capital increase and the withdrawal and use of the price were led by AB.

However, the court below is the chairperson of the K Group whose substance is not clear. G.

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