(영문) 서울고등법원 2020.08.27 2020노555 | 리걸엔진

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Reasons

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(영문) 서울고등법원 2020.08.27 2020노555

배임수재

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles regarding illegal solicitation and business relations, and misunderstanding of legal principles, Defendant C Co., Ltd. from F to “C”, and in the case of other companies, the name of “stock company” is omitted.

No illegal solicitation has been received in relation to the duties of the defendant.

Moreover, according to the contents of the channel contract entered into by G with C and F, and the internal criteria and procedures for performing duties of C, the Defendant, an employee of C, was not in a position that could affect the extension of the channel contract or the determination of the selling price.

Nevertheless, the court below erred by misapprehending the facts and misapprehending the legal principles on illegal solicitation of property in breach of trust, and by misapprehending the legal principles on illegal solicitation of property in breach of trust. The court below erred by misapprehending the legal principles on illegal solicitation of property in breach of trust.

B) Although the Defendant received 20 million won from F on January 2, 2016 or around January 2, 2018, from F on or around January 2, 2018, or 40 million won from or around January 2, 2018, there is no fact that the Defendant received money in excess of the above provision. Nevertheless, the lower court erred by misapprehending the fact that the Defendant received 50 million won from F on or around January 2, 2018 on the basis of the statement of F without credibility, and that the Defendant received 50 million won from F on or around January 2, 2018, and thereby erred by misapprehending the fact that the lower court sentenced the penalty of KRW 70 million against the Defendant. 2) that was sentenced by the lower court of unfair sentencing (one year of suspended sentence of 1 year, additional collection of 20 million won per imprisonment).

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Determination

A. Determination of the lower court on the Defendant’s assertion of mistake of facts and misapprehension of the legal doctrine

유사 판례

-서울고등법원 2013.04.12 2012노3405

-의정부지방법원 2015.10.06 2015노1391

-대구지방법원 2016.11.17 2016노2037

-서울고등법원 2018.02.09 2017노2758

-광주지방법원 2014.01.22 2014노5