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(영문) 대구고등법원 2018.12.13 2018노255
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The court below ruled that among the facts charged in this case, the defendant is guilty only on the part of the facts charged in a simple crime (the total amount of KRW 1.8 billion) and acquitted on the remaining part of the charges (the part of the court below's judgment on the charges in breach of trust), since the violation of the Act on Control of Illegal Check Check, the violation of the Labor Standards for Workers B and the Act on Guarantee of Workers' Retirement Benefits, and the violation of the Workers' Retirement Benefit Guarantee against Workers C are dismissed, and the defendant was convicted on the remainder of the charges [the part of the court below's appeal concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the total amount of KRW 1.8 billion) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the part of the court below's judgment on the charges in breach of trust) is not guilty on the part of the charges in this case. Since the defendant appealed on the guilty part, the prosecutor appealed on the charges in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the part of the appeal was dismissed on the grounds for the judgment.

The defendant has no intention to commit a breach of trust against misunderstanding M.

In other words, the defendant had already been involved in the registration cancellation of O's right of termination around August 18, 2016, before selling each of the instant marinas to M.

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