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(영문) 서울고등법원 2016.01.14 2015노506
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant’s defense counsel’s defense counsel’s submission period for the written reason for appeal to the present court; and (b) the Defendant’s defense counsel’s written reason for appeal on March 23, 2015, submitted to this court; and (c) the defense counsel’s written opinion on December 11,

A. According to the joint management agreement concluded between the victim Q Q Co., Ltd. (hereinafter “victim”) and R Co., Ltd. (hereinafter “R”), the Defendant, a general president of R, received and used a total of KRW 990 million out of the subscription price for the bonds transferred to the damaged company as deposit in the R’s account in the name of R, and there was no participation or conspiracy by the Defendant in embezzlement, and the above act is nothing more than a way to suggest the payment of converted bonds for the registration of the issuance of converted bonds, and there was no change in the company’s capital, and thus, there was no intention of unlawful acquisition that the Defendant arbitrarily uses the subscription price for the bonds transferred to the damaged company. Thus, the lower court erred by misapprehending the legal principles on embezzlement or by misapprehending the legal principles on embezzlement, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the court below (one year of imprisonment) is too unreasonable.

2. The prosecutor of the judgment ex officio maintains the previous facts charged in the first instance court, and the name of the ancillary crime is stated as false description as to the original of the certificate of fairness, the exercise of the original certificate of fairness, the applicable provision of the law, "Article 228 (1), Article 229 of the Criminal Act," and the facts charged as stated in Article 3-1 (a) and (c) below, and the court grants permission.

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