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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for two years.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misapprehension of legal principles 1) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Embezzlement) was not a person who actually controls and manages G Co., Ltd. (hereinafter “G”), and the remittance of KRW 750,000 from G was received from Defendant B as the payment of the purchase price of the land held against G, and there was no intention of unlawful acquisition.
The judgment of the court below which found the Defendants guilty of this part of the facts charged is erroneous in the misapprehension of facts or by misapprehending legal principles, which affected the conclusion of the judgment.
2) There is a problem that Defendant A paid the apartment down payment, etc. sold in the name of an individual without due process in the process of identifying the business affairs of the company after the appointment of the representative director.
I think that the report is false or false and that the report is likely to be false.
shall not be deemed to exist.
Defendant
The judgment of the court below which convicted A of this part of the facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The sentence of the lower court’s improper sentencing (Defendant A: 2 years of suspended sentence in 2 years of imprisonment, Defendant B: 2 years of imprisonment) is too unreasonable.
2. Determination:
A. Judgment 1 on the misunderstanding of facts or misapprehension of the legal principles ) Generally, the representative director who has a personal claim against the company in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) does not constitute a self-transaction in which he/she conflicts between the company and the director's interests. Thus, even if the representative director pays his/her claim against his/her company without the procedure of approval by the board of directors, it is valid as a performance of the company's obligation within the representative director's authority, and thus, illegal acquisition.