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(영문) 서울고등법원 2014.08.01 2013노3955
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Of the judgment of the court below, the part of the judgment of the court below, including the portion of acquittal against the defendant, and victim D.

Reasons

1. The scope of the judgment of the court of first instance prior to the remanding of the case, among the part of the judgment of the court of second instance against the defendant in the judgment of the court of second instance, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (in the case of a corporation, the name of "stock company" is omitted), the embezzlement of KRW 476 million related to the payment of stock transfer price to V, and each attempted fraud is confirmed by the Supreme Court Decision 201Do10650, which is the judgment of the case remanded, and the judgment of the court of first instance reversed and remanded to the above judgment of the court of second instance, the defendant's appeal was withdrawn and confirmed as follows. As such, the scope of the judgment of the court of second instance after the remanding of the judgment of the court of second instance, which is reversed and remanded by the above judgment of the court of second instance, is related to the embezzlement of KRW 20,1500,000 for the victim D and the embezzlement of the victim D (hereinafter collectively) of the judgment of the judgment of second.

limited to the acquittal of the State.

2. Ex officio determination

A. Upon the consolidation of each judgment of the court below, the court of first instance sentenced the defendant to a suspended sentence of three years and a fine of three million won in one year and six months, the court of second instance sentenced the defendant to a judgment of conviction and a partial acquittal of the defendant who is sentenced to a suspended sentence of four years in three years, and the defendant appealed to the above judgment of the court of second instance, and the court of second instance appealed to the above judgment of the court of second instance prior to the remand, and the court of second instance decided to jointly deliberate on all the above appeal cases. The first and second judgment of the court of first instance determined to jointly deliberate on the defendant's guilty portion of the judgment of the court of second instance in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the term of punishment aggravated for concurrent crimes under Article 38 (1) of the Criminal Act, and the second judgment shall be sentenced to a single sentence.

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