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(영문) 서울고등법원 (춘천) 2013.05.29 2012노217
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The judgment below

The guilty part (including the part not guilty) shall be reversed.

Each payment order among the facts charged in the instant case.

Reasons

1. Summary of grounds for appeal;

A. Defendant (hereinafter “Defendant”)’s mistake or misapprehension of the legal principle as to the guilty portion in the original judgment) committed an application for each payment order in collusion with M, S, and X with a view to promoting the benefit of M, S, and X without relation to the interests of the victimized company. Since such circumstance was well known, it constitutes an abuse of power of representation, and thus constitutes an abuse of power of representation, and thereby, G limited partnership company (hereinafter “victim company”).

(2) As there is no room for the lower court to assume liability for damages caused by employer’s responsibility or tort, the lower court convicted the victimized company of property damage or the risk of property damage. However, there is an error of misunderstanding of facts or misunderstanding of legal principles. 2) The sentence (one year and six months of imprisonment) sentenced by the lower court of unfair sentencing is too unreasonable.

B. The court below judged that there is no concern about property damage by regarding the abuse of representative authority in collusion with the defendant and L, even though there is no problem of abuse of representative authority in relation to the act of establishing a right to collateral security and the act of transferring ownership. ② In relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and fraud, the court below acquitted the defendant, although it cannot be determined that the confirmation of payment order in collusion with L, S, M, and X is consistent with the intent of the victimized company, there is an error of law in the misapprehension of legal principles.

2. Judgment on the misapprehension of the legal principle by the prosecutor

A. Legal doctrine 1 breach of trust causes property damage.

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