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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
The prosecutor's misunderstanding of the legal principle (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) constitutes the market price at the time of the disposition of machinery recorded in the facts of the crime in the judgment of the court below, which is the case of the breach of trust, and the market
Nevertheless, the court below found the defendant not guilty of the amount of profit in property due to the act of breach of trust in this case, on the premise that the defendant actually received the purchase price, and erred by misapprehending the legal principles on the amount of profit in Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes
The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too uneasible and unfair.
The sentence imposed by the court below on the defendant (unfair punishment) is too unreasonable.
Judgment
The summary of this part of the facts charged is that the Defendant, as the representative director of D, actually operates D and E. For the sake of the Bank of Korea, the Defendant violated his duty to keep the machines listed in the facts charged in the judgment below for the Bank of Korea, and thereby, caused D Co., Ltd. to sell the said machines en bloc to H on August 2014, in a manner that it violated his duty to do so, and thereby, caused D Co., Ltd to a total of KRW 580,00,000 (= KRW 340,000,000) equivalent to the maximum debt amount of the security right established on the said machines (= KRW 240,00,000). The Defendant acquired each pecuniary benefit equivalent to KRW 705,00,000 of the maximum debt amount of the security right established on the said machines, and caused damage to the victim.
The lower court determined that the crime of violating Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes due to the breach of trust is committed.