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(영문) 부산고등법원 2013.07.25 2013노126
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the judgment of the court below, obtained misunderstanding of facts or misunderstanding of legal principles, KRW 50 million, among KRW 100 million received from G as stated in Article 1-b of the criminal facts in the judgment of the court below, since he borrowed from G, and the remainder of KRW 50,00,000,000, which was received from G was delivered by the head of Ulsan Livestock Industry Cooperatives E branch office E branch from G, and thus,

Nevertheless, the judgment of the court below which found the guilty of this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the sentence imposed by the lower court (five years of imprisonment, a fine of KRW 100 million, and a surcharge of KRW 125 million) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts or misapprehension of legal principles, the Defendant argued to the same effect as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion and convicted all of the facts charged in this case on the grounds as indicated in its reasoning. In full view of the evidence duly admitted and examined by the lower court and the lower court, the fact-finding and judgment of the lower court are justified. Therefore, the Defendant’s allegation of facts or misapprehension of legal principles is without merit. Accordingly, the Defendant’s assertion of grounds for appeal is without merit. 2) As indicated in the judgment of the lower court, i.e., Article 1(a) and (b) of the facts charged in the process of receiving a loan from the U.S. Livestock Cooperative E branch, Inc. and M., the Defendant

In full view of the evidence duly adopted and examined by the court below and the trial court, and each police statement of theO, etc., the defendant is on the part of the head of the J Savings Bank Business Finance Team division as to whether it is possible to grant a loan of KRW 7.9 billion to the I Stock Company.

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