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(영문) 서울고등법원 2017.10.12 2016노2858
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Of the judgment of the court below of first instance, the guilty part against the Defendants (including the acquittal part of the reasons) and the judgment of the court of second instance shall be respectively.

Reasons

The grounds of appeal are examined to the extent of supplement in case of an appeal filed after the lapse of the period for submitting the grounds of appeal.

Defendant

A misunderstanding that there was a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (refluence) with respect to the issuance of promissory notes in the name of R, the Defendant was granted one copy of a blank bill with the same number as a promissory note stated in the facts charged, but was returned to BT, etc., and the said promissory note does not have been issued.

The Promissory Notes presented by Q has been arbitrarily supplemented after any she copied the blank Promissory Notes.

The Defendant did not participate in the endorsement of each Promissory Notes 1-A and 3-B as stated in the judgment of the first instance court, as to the endorsement in U’s name, as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (a) or the breach of trust in the course of business.

U.S. Co., Ltd. (hereinafter “U”) affixed on each of the above promissory notes shall be construed as “U.S.”).

In the future, a stock company shall not separately state the portion of the “stock company” after the first time, all of which are forged.

In particular, the endorsement of January 21, 2008 was made after the defendant transferred U to BM, and the defendant was not entitled to participate in the endorsement.

After misunderstanding the fact that there is a violation of the Act on the AE Aggravated Punishment, etc. of Specific Economic Crimes related to the transfer of U's owned property, I discovered that the actual assets of the shares of AE corporation, which are the company's assets, have not been kept in the company, and requested AC, the transferor, to return the shares, and then IC shall return the shares in the real form and purchase them again.

was made.

Accordingly, the defendant is only aware of the side of AC and did not participate in the sale of the above AE shares.

AE shares are sold under the lead of AC, and at the time of October 29, 2007, at the time of stock sale.

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