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(영문) 대전고등법원 2017.03.31 2016노434
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal is as follows: (a) at the time of executing the instant loan in violation of the internal provisions in light of various circumstances, the Defendants were aware that fishermen, who were financed by the JWC (hereinafter “JW”), obtained pecuniary benefits from the fishermen and suffered pecuniary damage from the JWC.

Due to the Defendants’ act, the act resulted in an unfair reduction of the amount of loans to other members.

Therefore, the judgment of the court below which acquitted the Defendants on the grounds that the Defendants did not intend to commit a crime of occupational breach of trust or did not have any risk of property damage even though the Defendants were guilty.

2. The lower court determined based on the following facts: (a) the process of managing claims for the advance payment of marine products and the details and purport of the provisions related to the acquisition of security; (b) the progress of the advance payment of marine products at the time of the instant loan; (c) the content and purpose of the instant loan; (d) the probability of incurring losses or acquiring profits therefrom; and (e) the evaluation of the violation of the J-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

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