(영문) 서울고등법원 2015.08.27 2014노2705 | 리걸엔진

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(영문) 서울고등법원 2015.08.27 2014노2705

특정경제범죄가중처벌등에관한법률위반(횡령)

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The guilty part of the judgment of the first instance court against the Defendants is reversed.

Of the facts charged in the instant case, the Defendants.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts was planned to disburse KRW 1.3 billion for remodeling construction cost of J building in accordance with the plan to return the construction cost with H, the complainant, and returned the remainder to the complainant, and the remainder was disbursed as actual construction cost. As such, the judgment of the court of first instance which found guilty on the charge of embezzlement of the sum of KRW 97,2790,000 ( KRW 577,2790,000,000,000,000,000,0000,000 won was returned to the complainant, and the judgment of the court of first instance which found guilty was erroneous as it affected the conclusion of the judgment due to mistake of facts. 2) If the complainant did not have agreed that the complainant would receive KRW 1.32,279,000,000 from the Defendants, which was paid to K and K Co., Ltd. as the above construction cost, and there was no property relation between others and the property owner.

3) The sentence sentenced by the first instance court of unfair sentencing (Defendant B: one and half years of suspended sentence in the imprisonment of one year and six months, and two years and six months of imprisonment) is too unreasonable.B. In the event that the prosecutor (Defendant B) committed mistake of facts and misapprehension of legal principles, and Defendant B and Defendant A continued a series of embezzlements under the single criminal intent, Defendant B did not directly participate in the execution of the part not guilty among the facts charged in this case.

Even if the defendant B bears the responsibility for the crime as a co-principal, there is an error of law that affected the judgment due to misunderstanding of facts or misunderstanding of legal principles in the judgment of the first instance which acquitted the defendant B.

2) The sentence imposed on Defendant B by the first instance court of unfair sentencing (a prison term of one year and six months of imprisonment and two years of suspended sentence is too uneased and unreasonable).

2. Determination

A. This part of the defendants' assertion of mistake of facts and misapprehension of legal principles is about 1.

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