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(영문) 서울고등법원 2012.06.08 2011노3510
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

All the judgment below is reversed.

Defendants shall be punished by imprisonment for one year.

As to the Defendants, this case is against the Defendants.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendants (the imprisonment of three years for the defendant A, the additional collection of one hundred eight thousand won for the defendant A, and the additional collection of three years and six months for the defendant C, the additional collection of one hundred eight million won for the defendant C) is too unaffortable and unfair.

Defendant

The arguments in the supplementary appellate brief submitted after the deadline for submission of the grounds for appeal A are examined to the extent of supplement in case of appeal.

The sentence imposed by the court below against the defendant is too unreasonable.

Defendant

B misunderstanding of facts or misunderstanding of legal principles - No one has received a request from theO, the purchaser of the N real estate of this case, or there was no awareness thereof.

- When the defendant took the words "I will have good things according to my will" from the above defendant C, it would be against the principle of evidence that the defendant's use as the grounds for recognizing the public offering in sequence with comprehensive and abstract statements made between the defendant and C before the defendant appeared specifically as the day before the above defendant C or A contact with the P and the sale of the N real estate in this case on December 206.

- In a case where a victimized company selects a purchaser by a negotiated contract method, not a bidding contract method, it is naturally premised on a broker's introduction. Thus, it cannot be an illegal solicitation on the ground that there was a solicitation through a broker to become a party to a contract.

It is called a special law below the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

(Misappropriation) On the part of the Defendant, there is no intention to commit the violation of the Special Economic Crimes Act (Misappropriation).

In order to establish a crime of violation of the Special Economic Crimes Act (Misappropriation), there should be intention to obtain property benefits of at least KRW 500 million from an actor.

The Defendant was aware that the monthly rent of the U.S. warehouse could have been set at a little level.

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