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(영문) 대구고등법원 2019.09.11 2019노262
특정경제범죄가중처벌등에관한법률위반(배임)
Text

All appeals by the Defendants and by the Prosecutor against Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) Defendant A is the victim I Cancer Branch Co., Ltd. (hereinafter “victim”).

) Seeking an explanation from N, which was the site location of N, that the L/C would be paid within three months after the L/C was issued, and it was recognized that there was no problem if the L/C was issued within three months, and that there was no intention in breach of trust, and that there was no intention in breach of trust. 2) Defendant B merely carried out a simple business as his father A, and there was no intention in the crime of breach of trust.

B. 1) Each sentence of the lower court against the Defendants (Defendant A: 2 years and 6 months of imprisonment; 3 years of suspended sentence in one year and 6 months of imprisonment) is too unreasonable. 2) The lower court’s sentence against Defendant A by the Prosecutor is too unreasonable.

2. Determination

A. As to the Defendant A’s assertion of mistake of facts and misapprehension of legal principles, the lower court argued that the Defendant had no intention to commit a breach of trust, and that this part of the appeal is the same.

However, the judgment of the court below is acceptable in light of the following circumstances, which can be recognized by evidence duly adopted and investigated by the court below, and there is no error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below. Thus, we cannot accept this part of the defendant's assertion.

1) On February 27, 2012, the Defendant, with the victim’s explanation, entered into a payment guarantee agreement of USD 2 million with the victim, foreign exchange transaction agreement, and security transfer agreement on imported goods with the victim’s assistance, and thereby, E (hereinafter “E”).

For the purpose of paying the price of imported goods, the victim shall be used as security.

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