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The appeal is dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the custodian status, the lower court rejected the Defendant’s assertion that the Defendant was not in a position of a person who keeps public funds of the victimized company at least with J, on the ground that it is reasonable to deem that the Defendant was in a position of a person who keeps public funds of the victimized company, on the other hand, at least in a position of a person who keeps public funds of the victimized company, because the Defendant used the OTP card in the name of the victimized company and exercised the right to manage the victimized company, and the Defendant was in a position of having complied with the Defendant’s instructions; ② the employees of the victimized company were in a position of complying with the Defendant’s instructions; ③ the Defendant appears to have been in a close communication relationship with the J in the internal relationship with the J; ③ the Defendant was in a dominant relationship with the J, such as dismissal of the J as a controlling shareholder of the victimized company at any time and on the other hand, etc.
The judgment below
Examining the reasoning of the lower judgment in light of the relevant legal principles and the evidence duly admitted, the lower court’s aforementioned determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine on the custodian’
2. The act of a representative director, who generally holds an individual claim against the company with respect to the intent of unlawful acquisition, uses the amount of money held by the company for the repayment of his bonds to his own account does not constitute an act of self-transaction in which the interests of the company and directors conflict with each other. Thus, even if the representative director pays his bonds to his company without the procedure of approval by the board of directors, this act shall be within the authority of