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(영문) 서울고등법원 2018.12.28 2018노1812
배임수재
Text

The judgment of the court below is reversed.

[Defendant A] The defendant shall be punished by imprisonment for two years.

10,000,000 won from the defendant.

Reasons

On the summary of the grounds for appeal, the Defendants’ mistake of facts and misunderstanding of the legal principles, and the receipt of a breach of trust (the Defendants’ grounds for appeal by Defendant A and each other’s judgment, indicate only the relevant part of the Defendant as Defendant and the joint Defendant’s name.

Upon the request of M andO, the company introduced D Co., Ltd. (hereinafter “D”) and E Co., Ltd. (hereinafter “E”) to persons related to the committee of promotion, and C, etc., upon the request of M andO, and there was no conspiracy to commit the crime of misappropriation and breach of trust.

Although the Defendant received approximately KRW 30 million from M, and received shopping bags from the O upon L’s request, and delivered them to L, the Defendant did not know of the total amount received, and the amount received by the Defendants did not amount to KRW 450,500,000, and KRW 1.3 billion related to E (D-related 450,500,000, KRW 1.3 billion).

Defendant

B is in the position of “a person who administers another’s business” as defined in the crime of taking property in breach of trust

It is not possible to see that the Defendant has conspiredd to commit the crime of taking property in breach of trust with C.

There is no fact that the defendant receives or receives money in return for an illegal solicitation that requests the defendant to be selected as a service company for resettlement management and removal from D M.

Even if it is recognized that certain money was received from M, D is an enterprise selected for the relocation and removal of the term “BL” region located adjacent to the instant improvement project zone, and most of the residents of the BL region performed the relocation negotiations with C, etc., and the money received from M was paid as compensation for relocation and teaching expenses by the residents of the BL region, not received as compensation for illegal solicitation.

Even if this part of the crime by C is recognized, the defendant is merely involved in the receipt and management of money according to C's instruction.

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