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(영문) 서울고등법원 2018.12.20 2017노3232
배임수재등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

The Prosecutor's misunderstanding of the substance of the reasons for appeal: Defendant A's attempted breach of trust by Defendant A does not demand P money through U, but directly demand U.S. to pay money, and the amount is also specified as KRW 40 million.

Nevertheless, the court below erred by misapprehending the facts that Defendant A demanded U to KRW 40 million.

It is insufficient to recognize it.

In light of this, there is an error of not guilty of the charge of attempted breach of trust.

Defendant A had requested P to pay KRW 15 million in cash, and there is no consistent statement about whether it was actually used as expenses for the establishment of a new commemorative event for the old union.

In light of this, Defendant A received the above money for personal use, not for the purpose of supporting the fund, such as the cost of commemorative events for the formation of a new union.

Nevertheless, the court below found Defendant A guilty of the charge of taking property in breach of trust on the ground that Defendant A received KRW 15 million from P as a support fund for union aid and received the above amount, and found Defendant A not guilty of the charge of taking property in breach of trust.

Sentencing : The punishment sentenced by the court below to Defendant B (the punishment of two years of suspended execution in August, and the additional collection of twenty million won) on Defendant B is too uneased and unfair.

As to the grounds for appeal, Defendant A (hereinafter referred to as “Defendant A” in this part of the facts charged is an attempted breach of trust against Defendant A. This part of the charges, and Defendant A (hereinafter referred to as “Defendant”) was a person who has overall control over various events, such as the organization management of the F branch 24th executive department of the F branch and the sports competition events supervised by the Trade Union and Labor union, the event of the anniversary of the establishment of the Trade Union and Labor union, etc., and was promoted to select a “N event 2016” (hereinafter referred to as the “S”) as an agency of the F branch office of the F branch office of the F branch office of the F branch office of the F branch office of the F branch office of the Trade Union and Labor Relations Adjustment Co., Ltd. (hereinafter referred to as “O”) around March 2016.

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