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Defendant
A All appeals filed by the Defendants and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1 is the representative director of G Co., Ltd. (hereinafter referred to as “Co., Ltd.” in the name of the company), and the Defendant, as the representative director of G Co., Ltd. (hereinafter referred to as “Co., Ltd.”), took out the loans from G Co., Ltd. to manage the accounts lawfully as provisional payments. The above provisional payments rate for the Defendant from April 12, 2010 to September 27, 2014 to 61.2%, and the Defendant did not reach 794,391,791 won from September 28, 2014 to December 31, 2015. It cannot be deemed that the Defendant embezzled the provisional payments under the pretext of provisional payments from April 12, 2010 to September 27, 2014.
Nevertheless, the court below erred in finding the defendant guilty of this part of the facts charged.
2) The sentence of the lower court (two years of imprisonment, four years of suspended execution) against the illegal defendant in sentencing is too unreasonable.
B. Prosecutor 1) The lower court rendered a not-guilty verdict on each of the facts charged against the Defendants was erroneous or erroneous in misapprehending the legal doctrine as follows.
A) The Defendant’s violation of each defense jurisdiction against Defendant A refers to the construction of underground sewage treatment plants of the instant construction work, where entering into an agreement on technical use with G with G, etc., the Defendant is responsible for the road expenses against U, etc. when entering into the instant agreement on technical use.
(hereinafter the same shall apply)
order to receive such order.
In proposing the AB (hereinafter referred to as “AB”) and AE to receive more than KRW 5,00,000,000,000,000 for a legitimate technology usage fee, as a technology usage fee, from Spanco Construction, and the AB (hereinafter referred to as “AB”) and the AE may receive a design contract for the instant construction project.
With the proposal, AB and AE received a total of 50 million won from AB and AE as technical user fees, and 1.255 million won and 5550 million won received from AB and AE among the technical user fees received from Posco construction.