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(영문) 광주고등법원 2017.09.28 2017노328
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment below

The guilty part of the Defendants (including the acquittal part of the reasons) shall be reversed.

Defendant

A Punishment for A.

Reasons

1. Case progress

A. The lower court found the Defendants guilty of the charge of taking property in breach of trust against the ship company related to the deduction of the Defendants (hereinafter “the portion related to the additional rebates of this case”), and found the Defendants guilty of the charge of taking property in breach of trust against the ship company related to the preferential rebates of the Defendants (hereinafter “the part related to the additional rebates of this case”), and found the Defendants guilty of the charge of taking property in breach of trust against the AC (the part related to the crime in violation of trust against the Defendant A’s additional rebates of the attached Table 1-A, 2-A, 3-A, 4-A, 5-A, 5-6) and the charge of taking property in breach of trust against the Defendant A related to the additional rebates of the Defendants, and found the Defendants guilty of the charges of taking property in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the amount prosecuted, 408, 786, 608) on the ground that the Defendants found the Defendants guilty of the part related to the punishment of this case on the ground that found the Defendants guilty was not guilty (the grounds.

B. On the other hand, the first instance court found the Defendant not guilty of “the portion related to the additional rebates of this case” unlike the lower court’s judgment, and found the Defendant guilty of the part related to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), but the lower court found the Defendant not guilty of the portion related to KRW 408,786,70,700, which was 66,335,666 won increased to KRW 475,122,374.

As to the other parts, the judgment of the court below prior to the remand.

The Prosecutor appealed on the acquittal portion (the acquittal portion was not appealed), and the Defendants appealed on the conviction portion.

(c)

In the judgment of remand, the Supreme Court only applies to “the portion relating to the instant additional rebates” among the grounds for the prosecutor’s appeal.

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