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1. The part of the judgment of the court below against Defendant A and E shall be reversed.
Defendant
A and E Victim U.S.
Reasons
1. Summary of grounds for appeal;
A. As to the crime of occupational breach of trust committed by Defendant A and E guilty, the above Defendants did not have the intent of breach of trust and did not cause damage to U.S. Co., Ltd. (hereinafter “victim”) which is the victim, and thus the above Defendants were acquitted. Therefore, the judgment of the court below which found the Defendants guilty is erroneous in the misapprehension of legal principles or by misapprehending legal principles.
B. As to the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) against the Defendants (hereinafter “violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes”), the lower court acquitted the Defendants on the charge of occupational breach of trust on the ground that the Defendants did not incur property damage to the victim’s company since the Defendants’ 51 households of apartment buildings owned by the victim’s company at the same time did not lose the exchange value due to the extinguishment of the victim’s obligations, and thus, the Defendants did not incur property damage to the victim’s company. However, the lower court acquitted each of the Defendants on the charge of occupational breach of trust on the grounds that Defendant F did not have been deemed to have been involved in the crime of occupational breach of trust by Defendant A and E. However, the lower court’s determination on the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes was unfair on the ground that the Defendant F did not have been involved in the crime of occupational breach of trust.
(2) The sentencing of the lower court on the Defendant A and E (the sentencing of the Defendant A: one and half years of suspended sentence in one year and six months of imprisonment; the two years of suspended sentence in October) is too uneasible and unreasonable.
2. Determination as to the violation of the special law against the Defendants.