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(영문) 서울고등법원 2017.07.14 2016노4120
업무상횡령등
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C. Judgment on Defendant C is not guilty.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) The misunderstanding of facts and misapprehension of legal principles are merely borrowed KRW 45 million from B and KRW 3 million, not received as consideration for illegal solicitation.

The defendant's use of 5 million won community funds is not embezzled because it is by the consent of the residents or by the presumption consent.

2) The sentence of the lower court (one year of imprisonment, two years of suspended execution) which is unfair in sentencing is too unreasonable.

B. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles) A’s re-influence of breach of trust against A, the Defendant merely lent KRW 45 million to A with KRW 3 million, not giving rise to an illegal solicitation.

B) The Defendant was paid all medical expenses from D, but did not deposit them into the S Hospital, and did not exempt the payment of the medical expenses.

2) The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, the community service hours of 180 hours) is too unreasonable.

(c)

Defendant

C (misunderstanding of facts and misapprehension of legal principles) The Defendant’s remittance of KRW 55 million to B on March 15, 201 is not for the payment to A, but for the loan borrowed from the Z.

The defendant did not agree to grant money with B, and the defendant paid KRW 45 million to A and KRW 3 million.

(d)

Defendant

D1) The Defendant was in violation of the Creation and Management of Forest Resources Act, misunderstanding of facts and misunderstanding of the legal principles), and was approved by a clan, and was not stolen from transplanting pine trees to BA’s garden.

B) The Defendant paid KRW 2 million for his own medical expenses and KRW 700,000 for the expenses of the funeral AM to B of the executive branch of the S Hospital.

It was exempted from medical expenses.

Even if it is not the consideration for illegal solicitation, it is not the consideration.

2) The sentence of the lower court (eight months of imprisonment, two years of suspended execution) that was unfair in sentencing is too unreasonable.

E. Prosecutor 1) misunderstanding the facts as to Defendant D and B’s receipt of property in breach of trust and giving property in breach of trust.

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