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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal lies in the following: (a) the Defendants: (b) the Co., Ltd. (hereinafter “V”) borne the purchase price of the site and obtained a loan as a principal debtor; and (c) the victim L Co., Ltd. (hereinafter “victim Co., Ltd”) actually performed most implementation projects, such as feasibility assessment, sale in lots, and public relations; (d) the victim Co., Ltd. (hereinafter “victim Co., Ltd”) concluded a construction contract with the content that only profits that fall short of the general management expenses and carried out the construction work; and (e)
This is clearly called the defendants' breach of trust, and therefore, V has obtained the same enforcement benefits as the written indictment, and the victim company suffered the loss equivalent to the amount.
Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the judgment of evidence and omitting judgment on some facts, thereby affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in this case 1) Defendant A, from March 2003 to March 2007, is an executive officer in charge of financial affairs and general affairs of the victim company, from April 2007 to February 2009, the head of Mongolian District Headquarters and the head of Construction Business Headquarters from March 2009 to March 201, and the representative director from April 201 to April 201.
B) Defendant B, from July 2004 to March 2009, was or was in office as the representative director (CEO), the director and vice-chairperson of the victim company from April 2009 to March 201, 201, and the director and the chairman from April 201 to April 201. C) Defendant C was or was in office as the executive officer in charge of financial affairs of the victim company from April 2007 to March 2009, and the auditor from April 2009 to March 201, and the head of the management support center from March 201 to March 201.