(영문) 서울고등법원 2020.06.16 2020노184 | 리걸엔진

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(영문) 서울고등법원 2020.06.16 2020노184

특정경제범죄가중처벌등에관한법률위반(사기)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

Of the facts charged in the instant case, the crime of occupational embezzlement is established.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts1) Part E of the crime of occupational embezzlement of 2019Gohap211 and F decided to conduct the business by establishing H, and the Defendant was paid the construction cost as a contractor who has received H’s interior test from E and F. Nevertheless, the lower court erred by misapprehending the fact that the Defendant recognized that he was in a position of keeping the construction cost as an employee of E and F in the course of business. 2) The Defendant received KRW 10 million from E on July 29, 2010 for the part of the crime of occupational embezzlement of 2019Gohap 115.

Nevertheless, the lower court erred by misapprehending the fact that the Defendant borrowed the above amount from E.

3) The lower court convicted the Defendant of this part of the charges on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) inasmuch as the Defendant did not have any intent to defraudation the victim K, there is an error of law by misunderstanding the facts. (B) The lower court’s sentence of unfair sentencing (one year of imprisonment is too unreasonable).

2. Determination

A. The charge of occupational embezzlement 1) The Defendant was charged with the part concerning the charge of embezzlement of 2019Kahap211 and the charge: (a) the head of Hwon planning office for the victim E in Kimpo-si from January 201 to October 2010, who was in charge of performing duties, such as managing funds related to the interior and facility construction of the above hospital, as the victim E in the same business with the F. From January 2010 to October 27, 2010. The Defendant: (b) around April 16, 2010, transferred 11 million won from the victim to the account under the name of J for the payment of the debt from the victim for the purpose of the construction cost; and (c) transferred 7 million won from around that time to July 27, 2010 to around that time.

1. The sum total of KRW 41,968,370 was embezzled on seven occasions, such as the statement in the list of crimes.

2. The lower court’s judgment: (a) according to the statement by the assent of all persons who participated in the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening at the time, the Defendant

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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