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Reasons
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(영문) 대전고등법원 2016.11.24 2016노199
특정경제범죄가중처벌등에관한법률위반(횡령)등
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The guilty part of the first judgment and the second judgment on the defendant shall be reversed in entirety.

. against the Defendant.

Reasons

1. Progress of the judgment on the first instance judgment, and scope of the judgment of this court;

A. The first instance court found the Defendant not guilty of the violation of the Financial Investment Services and Capital Markets Act due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) due to the Defendant’s joint and several liability, ② [Attachment 1] the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) due to the Defendant’s violation of the duty to report the holding of stocks in bulk, ③ [Attachment 2] the violation of the Aggravated Punishment, etc. of Financial Investment Services and Capital Markets Act due to the violation of the duty to report the holding of stocks in bulk. ④ [Attachment 1] the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) due to the Defendant’s violation of the duty to report the holding of stocks in bulk, ④ the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) due to the Defendant’s violation of the Aggravated Punishment, etc. of Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Aggravated Punishment”), 3-5, 7-12, and the remainder of the above charges.

3) The appellate court prior to remand found the Defendant guilty of the above portion: 6) The Defendant guilty of embezzlement of the mark bill of KRW 2 billion offered to AE out of the subscription price for new shares offering, and 7) the guilty guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) on the AE of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement); 7) the guilty of violation of the Financial Investment Services and Capital Markets Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement 6) No. 6; 7) the Defendant was sentenced to imprisonment with prison labor for the remainder of the facts charged as the first instance trial

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