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Of the judgment of the court of first instance, the judgment against the defendant is 3-B.
The part of the crime and the judgment of the court of the second instance are the defendant.
Reasons
1. Summary of grounds for appeal;
A. The part of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) [2011Gohap11 1358] 53,060 shares of M Co., Ltd. (hereinafter “M”) owned by the victim K (hereinafter “I”) are merely a transfer of the above shares in accordance with the agreement with the above victim and the disposal of the shares. The defendant was not in the status of keeping 53,060 shares of the above victim’s MM, and the defendant was under the direction of the above victim to affix a seal on the certificate of stock custody brought by the above victim and was merely in accordance with the direction of the above victim.
D. The 100 million won fraud part against the victim N [2012cc. 141] The Defendant promoted the acquisition of the O Co., Ltd. (hereinafter referred to as the “O”) as the Defendant explained in advance to the above victim with KRW 100 million from the victim N, but the acquisition did not proceed according to the plan and did not interfere with the return of the borrowed money, and there was no intention to commit fraud.
Article 22 of the Criminal Procedure Act does not apply to the fraud of Q&T shares of the victim N [2012 Gohap141] The defendant acquired theO and used the victim N's shares temporarily and intended to return them, and the above victim did not deceiving the victim, but did not have the intention of defraudation.
Applicant The fraud part against the victim S [2012 Gohap 141] The Defendant promoted the actual U.S. Co., Ltd. (hereinafter referred to as “U”) by receiving KRW 70 million from the victim S.
(v) the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) [2012 High School 1301] Defendant did not obtain any property benefits in this part of this case, and the victims did not incur any damage, and in civil litigation instituted by the victims, the penalty has been reduced from 2 billion won to 693,500,000 won.