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The judgment below
The part against the defendant shall be reversed.
The defendant shall be innocent.
Reasons
1. Reasons for appeal;
A. The amount used by the Defendant by mistake of facts and misapprehension of legal principles is not the amount owned by the victim J Co., Ltd., and the Defendant is in the position of a custodian who occupies the amount by entrustment with the victim J Co., Ltd.
The court below found the defendant guilty on the charges by misunderstanding of facts or misunderstanding of legal principles, although the defendant did not have any intention to acquire unlawful profits with the consent or instruction of A, which is the owner of the above money, under the consent or instruction of C, the Chairperson.
B. The punishment of the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. The summary of the facts charged is the internal director of the Co., Ltd. (hereinafter “C”) who is in charge of the selection of a contractor and the grant of a PF loan related to D business, and the Defendant was a representative attorney of the Law Firm E, who is a F’s legal adviser.
H, the representative director of G (hereinafter referred to as “G”), entered into a business agreement with the king-si and D, and promoted D projects of 20 stories (hereinafter referred to as “instant project”). On March 25, 201, due to the shortage of funds in the instant project site due to the lack of funds, H transferred ownership of the instant project site to the F, etc. In seeking the resumption of the instant project, upon the Defendant’s advice that the F adviser had at the time of seeking the resumption of the instant project, H purchased the instant project site by acquiring C, a special purpose corporation, according to the F adviser’s consent, and receiving the PF loan in the name of the instant company.
In order to obtain a 2.5 billion won loan for the re-purchase of the instant project site, the Defendant and A and H shall borrow the down payment of KRW 1.65 billion and the stamp and registration tax, etc. necessary therefor. H shall around March 29, 2012 from the victim J Co., Ltd. (hereinafter “victim Co., Ltd.”) selected as the contractor of the instant project.