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(영문) 부산고등법원 2014.12.17 2014노684
배임증재등
Text

The judgment below

The guilty part (including the acquittal part of the reason) shall be reversed.

A defendant shall be punished by imprisonment for two years.

(b).

Reasons

1. Scope of judgment of party members;

A. 1) The lower court is the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (hereinafter “Fraud”).

[] Of the primary facts charged as to the fraud and the primary facts charged, the part of the ancillary facts charged as to the offense Nos. 12 and 16 in the table of crime Nos. 3 and the part concerning the ancillary facts charged as to the occupational embezzlement as indicated in the table of crime Nos. 12 and 16 in the holding of the court below, not guilty, and the remaining part of the ancillary facts charged as to the offense of fraud (hereinafter “the part concerning the ancillary facts charged of this case”).

(2) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and each violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).

(2) The Defendant appealed on the grounds of mistake of facts and misapprehension of legal principles as to the facts charged in the instant preliminary charges and the evidence of breach of trust among the convicted portion. The Prosecutor appealed on the grounds of mistake of facts and misapprehension of legal principles as to the primary facts charged regarding the violation of special law (Fraud) and the fraud among the acquitted portion, and the occupational embezzlement as indicated in the attached Table 8 of the judgment below, on the grounds of unfair sentencing as to the whole guilty portion, and on the grounds of unjust sentencing, the judgment prior to remand all the appeals by the Defendant and the Prosecutor.

3) The Defendant appealed on the grounds of misunderstanding of legal principles or misunderstanding of facts as to the part of the facts charged in the instant preliminary charges, among the part of the judgment of the first instance prior to remand. The Supreme Court accepted the Defendant’s appeal and found the Defendant guilty prior to remand, and reversed the part of the conjunctive facts charged in the instant case and the part of the offense of giving property in breach of trust (Embezzlement) and occupational embezzlement, the part of the offense of not guilty as to the primary facts charged in the same body, and the part of the offense of occupational embezzlement, and the part of the offense of not guilty as to the offense in the relationship of the same body (

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