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(영문) 서울고등법원 2014.06.03 2013노3531
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment below

Part of conviction and Annex I-2 of Annex I-2.

Reasons

The judgment of the court below within the scope of the judgment of the court is affirmed as follows: ① occupational breach of trust listed in Appendix II among the facts charged against the defendants; ② violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) listed in Appendix III, ③ Violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) listed in the attached Table IV-1, 3 through 80, 6 through 50 of the attached Table IV-2, 10 through 36 of the attached Table IV-3, 49 through 54, 76 through 101, and each of the above occupational breach of trust were convicted, and the defendant A was sentenced to a suspended sentence of one year and six months; ④ Violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) listed in the attached Table III, ③ Violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) listed in the attached Table IV-1, 3-1, 3-5 or 5-15 of the attached Table IV-1-5 of the Aggravated Punishment Act.

As to the judgment of the court prior to remand, the Defendants appealed against the conviction of the judgment of the court below, and the prosecutor appealed against the entire judgment of the court below.

In the trial before remanding the case, the prosecutor: “The defendant was sentenced in Seoul High Court on January 19, 2012 to four years and six months of the suspension of execution on April 26, 2013 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court on January 19, 2012.”

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