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(영문) 부산고등법원 (창원) 2015.02.04 2014노296
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years and by a fine of five thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (seven years of imprisonment, etc.) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Prior to the judgment on the grounds of appeal by both ex officio determination, the judgment is ex officio on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).

The summary of this part of the facts charged is that the Defendant, in collusion with F and D on December 28, 201, kept the victim’s 20,000 square meters of 2935 square meters in the F and Q for business purposes at the above D's closing office, in collusion with F and embezzlement by arbitrarily selling it to P and Q for KRW 30,000,000,000, and by taking the registration of ownership transfer around January 10, 201 under P and Q’s name.

(A) According to the records, P and Q purchased an O answer 2,935 square meters jointly with P and Q, and it is evident that P is a clerical error in the indictment written as a sole buyer of the land in question. Thus, the aforementioned “P” is corrected ex officio in collusion with F and P. The Defendant, in collusion with F on March 5, 2012, was kept in custody of the victim’s 542 square meters in the foregoing D Myang-si, the victim’s Mayang-si, and 617 square meters in S., at his/her discretion, sold it to P at KRW 80 million, and embezzled it by completing a registration of transfer of ownership in P’s name on May 11, 2012.

Around July 15, 2012, the Defendant, in collusion with F, kept in custody 410 square meters in Tyang-si, Tyang-si, the injured party D, for business purposes, KRW 340,00,000,000 for KRW 340,000,000, and embezzled the registration of ownership transfer under P name on August 7, 2012.

Around July 15, 2012, the Defendant, in collusion with F, embezzled in the instant D Religious Office with F, the Defendant: (a) while having been in custody of V 7,550 square meters, W 876 square meters, X 3,884 square meters, X Y 224,16 square meters, and YY 226 square meters in the same city; (b) arbitrarily sold it to Z in KRW 1.1 billion; and (c) on August 7, 2012, the Defendant embezzled the registration of ownership transfer in the name of Z.

around July 15, 2012, the Defendant conspired with F, and around July 15, 2012, AA.

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