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(영문) 서울고등법원 2017.11.15 2017노1409
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding the Defendant promoted to grow up the work machinery business of the victimized company.

When transactions with I occur with China due to delayed payment of outstanding amounts, it is necessary to introduce a large-scale trading company from China and formulate a plan to meet the outstanding amounts, and enter into a sales contract without undergoing internal meetings with other companies in competition with the other companies.

After that, as a large-scale trader fails to comply with customs clearance, it has been kept for a long time in the bonded warehouse, it was sold to other companies such as H in order to solve this problem.

As such, the Defendant promoted sale and sale for the benefit of the victimized company, there was no intention of breach of trust.

However, the court below erred by misapprehending the facts, thereby committing the crime with the intention of breach of trust.

The lower court erred.

B. The sentence sentenced by the lower court to the Defendant (six years of imprisonment) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts alleged in the lower court’s judgment, the lower court acknowledged that the Defendant’s act of violation of the duty of exporting official machinery and equipment through false approval, etc. was likely to cause property benefits and property damage to the victimized company, by explaining detailed circumstances in the 9th 3 or 11th 8th 8th of the said judgment.

The decision was determined.

Examining the evidence duly admitted and examined by the court below, the above determination by the court below is just and acceptable, and there is no error of law by mistake as alleged by the defendant.

Therefore, the defendant's above assertion is without merit.

B. The instant crime of determining the illegality of sentencing is a person in charge of exporting the machinery of the victimized company, who disregards the approval procedure of the victimized company, or prepares a false document, and arbitrarily prepares the document.

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