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(영문) 대전고등법원 2016.07.01 2015노645
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment below

Of the Defendants’ convictions against the Defendants and the Defendants’ forgery of their private documents on October 8, 2012.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s improper sentencing of sentencing was included in the grounds for appeal of mistake of facts and misapprehension of legal principles as to the part of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the original judgment.

The punishment of the court below (two years of imprisonment, three years of suspended execution) is too heavy.

B. Defendant B 1) misunderstanding of the facts or misunderstanding of the legal principles (as to the conviction part of the judgment below), the Defendant was in charge of funding management in G Co., Ltd. (hereinafter “G”), but the period specified in the list of offenses in the attached Table on the crime of occupational embezzlement (from March 5, 2005 to April 28, 2009) stated in the judgment of the court below (from March 5, 2005 to April 28, 2009) is merely a person who is a last executive officer and was in charge of instruction affairs

However, as stated in the facts of the crime in the judgment of the court below, the defendant Eul cannot be held liable for the crime of aiding and abetting the defendant with awareness of the crime of occupational embezzlement in this case, as stated in the judgment of the court below. The defendant Eul also included the original crime of aiding and abetting a criminal's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) as stated in the judgment of the court below in the ground of appeal by misunderstanding of the facts or misunderstanding of the legal principles as to the crime of violation of the Act on the A

2) Unreasonable sentencing unfair: The sentence of the lower court’s punishment (one hundred months of imprisonment and two years of suspended sentence) is too heavy.

(c)

The prosecutor (misunderstanding the facts as to the non-guilty portion of the judgment below) 1) Defendant A's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (afford) and Defendant B's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (afford). When Defendant A purchases the Cheongju-gu P (hereinafter referred to as "Cheongju-gu P") located in Heung-gu P in Heungdong-gu P, Goju-gu, G, the purchase price to be paid to G was offset by the provisional payment against Defendant A, but the provisional payment was appropriated as a plos.

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