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(영문) 광주고등법원 2015.11.26 2015노359
업무상횡령방조
Text

The judgment below

Of them, the part on Defendant G shall be reversed.

Defendant

The sentence of imprisonment and fine shall be applied to G.

Reasons

1. Summary of grounds for appeal;

A. In light of the circumstances, etc. that Defendant A created funds directly under the direction of Defendant AB to raise funds, and that Defendant AB directly withdrawn and paid the funds whenever requested, Defendant AB shall be deemed to have conspireded to commit the crime of embezzlement, but the lower court did not recognize it. (2) Defendant B, C, D, E, and F sent money to Defendant B after having caused false sales in order to assist AB in raising funds. The lower court did not recognize the intent of aiding and abetting AB’s embezzlement, but did not err by misapprehending the legal doctrine as to the intent of aiding and abetting and abetting, and by misapprehending the legal doctrine as to the intent of aiding and abetting and abetting.

3) Although the amount of the bribe which Defendant G accepted against Defendant G should be calculated as KRW 4,545,00,000, the court below calculated as KRW 2,111,285, there is an error in misapprehension of legal principles and in misunderstanding of facts. 4) The court below's determination that Defendant H paid money to Defendant H in return for an illegal solicitation, but did not recognize it.

B. Defendant G1) Although the expenses required for the erroneous travel of Jeju-do are not considered to be entertainment corresponding to a bribe because of the lack of a quid pro quo relation, there was an error of mistake in the judgment of the court below that recognized it as a bribe, and even if it constitutes a domestic bribe, the court below erred by erroneous determination of the accepted amount. 2) The court below’s punishment against Defendant G of unreasonable sentencing (one year of suspended execution of imprisonment for a four-month period, a fine of 5,000,000 won) is too unreasonable.

2. Judgment on the prosecutor's grounds for appeal

A. As to Defendant A, the summary of the facts charged is as follows. Defendant A (hereinafter “Defendant”)

in collusion with AB on March 2012.

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