beta
Text
The defendant's appeal is dismissed.
Reasons
1. The written opinion, etc. presented after the deadline for appeal of the grounds for appeal expires shall be considered to the extent of supplement in case of supplemental appellate grounds;
the summary of this chapter
A. In the form of mistake 1), the representative director is not the subject of acquiring C’s shares and management rights from D, but merely the representative director on the ground of J. 2. 2) It is an act of ex post facto ex post facto ex post facto act that paid KRW 6 billion with the transfer price of shares and management rights. The pledge was established on C’s deposit deposited in KRW 6 billion on the same day. However, on April 7, 201, the act of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “the crime of breach of trust”) against which the right of pledge was established on April 7, 201 and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (hereinafter “Embezzlement”) against which the deposit was withdrawn on July 11, 2011.
B. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.
2. Determination
A. In full view of the evidence on the assertion of representative director in form, the lower court determined that the Defendant was guilty of the crime of breach of trust and the crime of embezzlement on the following grounds: (a) the Defendant entered into a contract on “C shares and acquisition of management rights” in his own name; (b) acquired the shares in his name;
In full view of the evidence duly adopted and examined by the court below, the fact-finding by the court below is just, and in addition to these circumstances, the defendant directly signed the contract with the acquisition of shares and management rights. ② The defendant asked to lend money again to E within two months from May 9, 201 after he assumed office as the representative director after the above contract, and even after E terminates the pledge right and withdraws the company deposit, the defendant establishes a pledge right by again borrowing KRW 6 billion from M, etc. on July 13, 201.