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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) was aware only of the circumstances in which the investigation and trial with respect to C was conducted at the time of the instant testimony, and it was impossible to find that C embezzled the company’s money.
The judgment of the court below that found the defendant guilty on this part of the facts charged is erroneous.
(2) The sentence of the lower court’s improper sentencing (an amount of KRW 700,00) is too unreasonable.
(b) Prosecutor (1) misunderstanding the fact that the defendant served in E-the-counter dispute resolution committee since 1978.
The statement, ② the statement that the company should not deposit into a corporate passbook, ③ the statement that the president approved the monthly salary of its employees, is clearly false in violation of the defendant’s memory.
(2) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.
2. Determination
A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court by the Defendant’s assertion of mistake of the facts, the Defendant, at the time of the testimony, knew that C embezzled of the Company’s funds to E-B at the time of the above testimony, and against his memory, against the question of “Abrupted about the embezzlement of C’s funds.”
It may be sufficiently recognized that “a false statement has been made by testimony”.
This part of the defendant's assertion is without merit.
① C was sentenced to two years of imprisonment with prison labor and four years of suspended execution (Seoul High Court Decision 2012No384 decided Feb. 21, 2013) for the crime of embezzlement of KRW 289,486,020, and four years of suspended execution (Seoul High Court Decision 2012No384 decided Feb. 21, 2013), and the above judgment became final and conclusive October 11, 2013, by returning KRW 5,908,310,210 out of the above amount to E through 283.
(2) The defendant is called E between October 1, 2004 and November 26, 2008.