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(영문) 서울고등법원 2014.08.21 2014노1195
업무상횡령등
Text

The judgment of the first instance shall be reversed.

Defendants shall be punished by imprisonment for one year and six months.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Certified Public Labor Attorney Act by Defendant A’s assertion of mistake of facts, Defendant A is merely a aiding and abetting offender, not a joint principal offender, and with respect to occupational embezzlement, Defendant A’s arbitrary disbursement of condolence investigation expenses from the account of the victim corporation by requesting payment of condolence investigation expenses, and Defendant A did not have the intention of embezzlement, the first instance judgment that found Defendant A’s crime of violation of the Certified Public Labor Attorney Act and the crime of embezzlement of occupational duties and convicted Defendant A of violation of the judgment due to misunderstanding of facts.

B. As to Defendant A’s violation of the Act on the Protection of Personal Information by Public Institutions asserting the misunderstanding of the legal principles, the judgment of the court of first instance that found Defendant A guilty by recognizing Defendant A’s violation of the Act on the Protection of Personal Information at Public Institutions even though the crime was not established even if it did not go through the regular procedure, is erroneous in the misapprehension of legal principles that affected the conclusion of the judgment.

C. The first instance sentence (Defendant A: Imprisonment with prison labor for 2 years and 6 months, Defendant B: imprisonment with prison labor for 2 years and 2 years) on the Defendants’ assertion of unfair sentencing is too unreasonable.

2. Determination:

A. As to Defendant A’s assertion of misunderstanding of facts, Defendant A’s assertion of misunderstanding of facts is acknowledged based on the evidence duly adopted and investigated by the first instance court on the violation of the Certified Public Labor Attorney Act, i.e., the following circumstances, i., the Defendant A’s corporate

The president of K led the establishment of a labor law firm, and the president of K took the lead of the above defendant's punishment L, the secretary general, M who is the seat of the above defendant's above defendant, and N, whose main personnel is the defendant A's family member or is not a member of the defendant's family, and the director of the labor law firm V, who followed the agency of the Ministry of Employment and Labor for applying for State subsidies by the above defendant's birth, the above N, and the secretary general, shall be the above defendant's birth.

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