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The judgment below
Of those, the conviction against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for not less than three years and six months.
Defendant .
Reasons
1. Of the facts charged in this case, the lower court found Defendant A not guilty of the charges of embezzlement of KRW 8476 billion and KRW 500 million paid to Defendant A around June 30, 2010 and KRW 724 billion around July 8, 2010 and KRW 1.524 billion in total, and KRW 1.54 million in total, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (Embezzlement) (hereinafter “K”) and the charges of embezzlement of KRW 8476 million in September 30, 201 and around March 9, 201 to be lent to the Z Co., Ltd. (hereinafter “Z”), and found Defendant A not guilty of the charges of embezzlement of KRW 500,000 in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Aggravated Punishment, etc.”) and of KRW 500,500,000 in collusion with the Defendant’s obligation to repay.
Defendant
B found guilty of embezzlement of KRW 500 million, such as the payment of personal investment funds, and found not guilty of embezzlement of KRW 35 million.
Defendant
A and Defendant B respectively filed an appeal against the entire guilty portion of the judgment of the court below, and the prosecutor filed an appeal on the ground of misconception of facts only for embezzlement of KRW 500 million, such as the payment of personal investment, among the acquitted portion to Defendant A.
Therefore, the part of the above individual debt repayment amounting to KRW 35 million, which was not appealed by the prosecutor, shall be deemed to have been exceeded from the object of attack and defense between the parties. Accordingly, this part shall be governed by the conclusion of the judgment of the court below, and it shall not be determined separately in the trial.
2. Summary of grounds for appeal;
A. Defendant A1) 1.524 billion won embezzlement part (A) 1.524 billion won by a resolution of the board of directors: (1) The maximum debt amount of the right to collateral security against the land, including the Dongjak-gu Seoul Metropolitan Government AA (hereinafter “AB land”) secured by K by the resolution of the board of directors.