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1. Of the judgment of the court below, the guilty portion against Defendant A [the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort)].
Reasons
1. Summary of grounds for appeal;
A. Defendants 1) and misunderstanding of the facts or misapprehension of the legal principles (Defendant A) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) related to withdrawal of the nominal payment for the representative director, etc. ① Defendant A mainly stayed in a foreign country to conduct overseas resources development business, etc., and Defendant A delegated all of the domestic business of J (hereinafter “J”) and K Co., Ltd. (hereinafter “K”) to Dong-in company (hereinafter “K”) and did not participate in the domestic business in detail. ② A resolution of the board of directors set forth the limit of L’s provisional payment amount to KRW 30 billion and KRW 50 billion was executed within the limit of the provisional payment, and used the money withdrawn from the provisional payment for private purposes.
Therefore, the crime of embezzlement cannot be viewed as a single crime. ③ This part is not a single crime, but a substantive concurrent crime established by the sequence Nos. 1 of the list of crimes in the court below. Therefore, the statute of limitations has expired.
In detail, ① L’s representative director L was directly involved in a loan of KRW 8 billion to AK due to the passage of passbook, withdrawal, transfer through female employees, etc., and the said money is deemed to have been used. In light of the fact that part of the said money was paid as the purchase price of the shares of V investment companies Co., Ltd. in the name of Defendant A (hereinafter “V investment companies”), but was opened under the name of J on January 1, 2010, it was nothing more than that of the said shares used by J for a certain period of time in the name of Defendant A for investment purpose, and thus, Defendant A had an intention to acquire illegal shares.
It is difficult to see it.
② AD 유흥 주점의 운영비( 원심 범죄 일람표 1 순 번 2∽10 번, 14번, 39번) 는, 피고인 A이 C로 하여금 유흥 주점을 운영하게 한 것은 사실이나, 이는 피고인 A의 사적 이익을 도모하기 위한...