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(영문) 대구고등법원 2014.05.01 2013노585
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Defendant

B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment with prison labor for 2 years and 6 months sentenced to Defendant A is too unreasonable.

B. Defendant B (i) without knowing the circumstances that are stolen goods, Defendant B (i.e., mistake of facts) received an iron bars under the pretext of accord and satisfaction with the business funds lent to F Co., Ltd., and thus, Defendant B did not have an intention to acquire stolen goods. (ii) Even if the facts charged of acquiring stolen goods against Defendant B are found guilty, even if the facts charged of acquiring stolen goods against Defendant B are found guilty, the punishment of fine of KRW 10 million sentenced to Defendant B is too unreasonable.

2. Determination

A. As to the grounds of appeal by Defendant A, the crime of this case was committed in a state where: (a) the amount of embezzlement recognized by law was large; and (b) the victims did not recover their damage.

However, around December 1, 201, when Defendant A participated in the management of the F (hereinafter “F”), there was a shortage of approximately KRW 2,000 tons of the steel bars supplied by the AJ, which had been entrusted by the transaction partner before the F, in the manner of selling them to others, and in the manner of selling them to others (this fact is recognized by the statement statement, etc. of the prosecutor’s protocol of the F (Evidence 1432) with respect to M who is an employee of the F). The Defendant A, who is in charge of F in such a circumstance, processed the steel bars supplied by other transaction partners, including victims, to implement the existing transaction agreement with the former transaction partner and supplied them according to the existing transaction agreement, and processed them by purchasing the steel bars supplied by the victim, etc., and supplied them to the existing transaction partner of the instant case.

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