beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. Summary of prosecutor's grounds for appeal;
A. 1 With regard to the misconception of facts and misapprehension of legal principles (as to the acquittal portion in the original judgment), the defendant, the representative director of the F Co., Ltd. (hereinafter referred to as the "F") of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, has lent KRW 5.4 billion to the F Co., Ltd. (hereinafter referred to as the "Co., Ltd.") without obtaining a resolution of the board of directors or failing to take measures to collect claims, and has him/her take measures to collect claims; 2. hasO andO provide P with equipment, etc. equivalent to KRW 9.67% of the shares of the defendant; 3.8 billion won of convertible bonds issued by theO, and 3.8 billion won of the acquisition of convertible bonds by theO constitutes a breach of trust, while the O is an individual company and F is also recognized as the defendant's intentional breach of trust in light of the fact that the defendant is the personal company and the amount of funds provided by FO.
B) Even if the F does not recognize the intention of breach of trust regarding this part of the F’s financial assistance that was made after June 2, 2003 on or after the receipt of the convertible bonds issued by theO, it is difficult to conclude that each of the above acts exceeded the scope of reasonable business judgment, and it is difficult to conclude that the Defendant was guilty of not guilty of all the charges on the ground that there is no evidence to prove that there was no intention of breach of trust, and there is an error of law by misapprehending the legal principles as to mistake of facts and breach of trust.
2) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), the Defendant left Korea on March 28, 2004 as Brazil and held F, and held 1,665,300 shares of the issuance of RR (hereinafter “the instant RR shares”).
for sale after delivery.