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The judgment below
Part of conviction and the part of acquittal shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
In this case.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles; W Co., Ltd. (hereinafter “W”).
(2) On April 29, 2011, the lower court convicted the Defendant of the occupational embezzlement and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) on the Aggravated Punishment, etc. of Specific Economic Crimes, inasmuch as there is no evidence to deem that the Defendant had functional control over this part of the facts charged, the lower court erred by misapprehending the legal doctrine and thereby convicted the Defendant. (2) On the other hand, the part of the Defendant’s occupational embezzlement amounting to KRW 20 million out of the amount withdrawn
As to the remaining KRW 100 million, S was present at the time of payment of KRW 100 million to AL, but there was no conspiracy of embezzlement in this part.
3) On May 4, 201, the Defendant, in collusion with S, etc., committed an occupational embezzlement amounting to KRW 100,000,000 in advance payment to Q, the part of the occupational embezzlement amounting to KRW 100,00,00.
(4) On June 23, 2011, the Defendant did not acquire approximately KRW 1720,000,000 of the K convertible bonds upon the request of T and S for a month in which the exercise of the convertible right is 1720,000 shares acquired through the exercise of the convertible right to convertible bonds by K Co., Ltd. (hereinafter “K”).
The Defendant: (a) lent K shares via S and acquired the above convertible bonds by offering them as collateral on behalf of 1280,000 shares of K and thereafter, (b) disposed of approximately 1720,00 shares converted into the exercise of security right as a result of M’’’’’’’s failure to repay its obligations; and (c) thus, embezzlement is not established.
B. The sentence imposed by the court below on the defendant is too unreasonable.
2. Determination
A. A public offering in relation to the crime of more than 2 persons of W-related occupational embezzlement and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) requires a certain form of punishment in law.