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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant (misunderstanding of the facts as to the guilty portion) was merely a worker of E Co., Ltd. (hereinafter “E”), and the Defendant delivered KRW 1.4 times again 30 million to H under the direction of K’s representative director, and did not participate at all in the remittance of KRW 1,2, and five million again during the period of 1,2, and 3 years again in the same crime list. As such, the lower court found the Defendant guilty of the part regarding the evidence of breach of trust among the facts charged in the instant case.
B. The lower court acquitted the Defendant of the part concerning occupational breach of trust among the facts charged in the instant case on the ground that the materials in attached Table 2, such as the drawings of the period of entry into force, which the Defendant retired while leaving E, fall under a major business asset E, constitutes an unlawful determination of the lower court.
2. The judgment of the court below
A. The Defendant asserted that the portion of the instant charges regarding the capital gains in breach of trust was the same as the reasons for appeal in the lower court. As to this, the lower court held that ① the Defendant, from December 21, 201 to August 9, 2011, served as a business director of the manufacturing company E during the period of entry into force from December 21, 201, and took overall control of the business affairs, such as the orders for construction works during the period of entry into force, and ② the Defendant, around October 2012, paid consideration to H, who is a member of the Council for Deliberation on the Promotion of the Projects for the Development of Livestock Products in F institutions, for the provision of information related to the purchase contract for the period of entry into force of livestock, convenience provision for the implementation of public photographs, etc.
(3) The Defendant, at that time, shall transfer money to his/her own account or give 30 million won to K to the account in the name of H in order to facilitate the performance of the construction work for a stable period for which he/she received orders from the F institution, and shall cause K to transfer money to H via the account in the name of the Nonghyup Bank in the name of H, and receive 100,000 won from K to 30,000 won of check.