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(영문) 서울고등법원 2014.01.09 2013노2178
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The judgment below

Among the defendants A and C, the conviction and the part against the defendants B and E are justified.

Reasons

[3]

1. Summary of the grounds for appeal 5;

A. Defendant A5

B. Defendant B 5

C. Defendant C7

D. Defendant E 9

(e) Prosecutor 10;

2. Scope of adjudication of this Court 11;

3. Judgment of authority due to changes in indictment 14.

4. Judgment on grounds for appeal, etc. 16

A. 16 (1) References 16 (2) References 17 (3) References 17 (4) References 16 (1) References 16 (2) as to Defendant C’s assertions 32 (4) as to Defendant E

B. As to Defendant B’s assertion 37(3) as to Defendant E’s assertion on the premise of 36(1) premised on the premise of 36(2)

C. As to Defendant C’s assertion on the violation of the Mutual Savings Banks Act due to credit extension to each major shareholder related to each loan listed in the relevant part of the judgment of the court below in attached Form (5)

D. As to Defendant B’s argument on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) due to each loan specified in the attached Forms 13 and 14 of the judgment of the court below in the crime sight table

5. Conclusion 45 Criminal Facts 46 Summary of Evidence 59 Sentencing 59 Sentencing 680

1. The arguments contained in the summary of the grounds of appeal are examined only to the extent of lawful supplement in case of supplemental appellate briefs not timely filed.

Defendant

A The punishment sentenced by the court below to Defendant A (six years of imprisonment) is too unreasonable.

B. Defendant B (1) In the case of each loan under the part of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) due to the erroneous determination of facts, misapprehension of legal principles, or incomplete deliberation, even if the loan was not newly issued, or even if it was in violation of the internal loan-related provision of the N Savings Bank (hereinafter in the case of a corporation for convenience, the portion of the “stock company” among its corporate names is not separately stated).

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