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(영문) 서울남부지방법원 2018.10.30 2018노1498
업무상횡령
Text

The judgment below

Part concerning Defendant A and B shall be reversed, respectively.

Defendant

B shall be punished by imprisonment for a period of eight months.

(b).

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of the facts or misapprehension of the legal doctrine is merely a co-fford and co-fford in B, the J-head of the J to prepare expenses incurred in the operation with the approval of Defendant I Co., Ltd. (hereinafter “victim Co., Ltd.”). As such, the Defendant conspired to commit the instant crime with B and C, or had a criminal intent to illegally obtain the Defendant.

shall not be deemed to exist.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the mistake of facts, conspiracy and intent of unlawful acquisition, which affected the judgment.

2) The punishment sentenced by the lower court (six months of imprisonment and two years of suspended execution) is too unreasonable.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

(c)

Defendant

C1) misunderstanding of the legal principles or misunderstanding of the facts charged by the Defendant did not intend to make up for embezzlement and embezzlement by raising funds under the name of operating expenses in the same manner as indicated in the facts charged in the instant case.

However, even though the Defendant knew that he would raise and use B’s funds, it is nothing more than aiding and abetting B’s crime in light of the degree of participation, etc. Therefore, the lower court erred by misapprehending the legal doctrine on a joint principal offender and a joint principal offender, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. As to Defendant A’s assertion, the summary of Defendant A’s assertion is the representative director of H (hereinafter “H”) which is a building management service company, and B and C are engaged in the management and enforcement of J’s funds managed by the victimized company as an employee of the victimized company from January 2012 to July 2015.

On January 1, 2012, the injured company and H are engaged in all maintenance and management of the buildings and facilities inside and outside the buildings, expenses, cleaning of the buildings and facilities belonging to the J of Si, Si, Si and Si.

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