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(영문) 부산고등법원 2020.03.11 2019노471
배임수재
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment of one year and two months.

Defendant .

Reasons

1. Summary of the grounds for appeal;

A. Although it was true that Defendant A1 received money from N as stated in the facts charged, Defendant A1 did not receive or accept the Defendant’s duties, namely, the duties of each of the representative directors of the E-A-BBB and the GBBB, and there was no illegal solicitation. Nevertheless, the lower court recognized the relevance of duties and illegal solicitation and found the Defendant guilty of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine on the crime of taking property in breach of trust, thereby adversely affecting the conclusion of the judgment. 2) In so doing, the lower court’s sentence (three years of imprisonment, etc.) imposed by the Defendant is too unreasonable.

B. Defendant B 1) misunderstanding of facts and misunderstanding of legal principles 4.b. (2) (the fact that the Defendant conspired with N to receive KRW 162 million in total on nine occasions in collusion with N in connection with the Defendant’s duties). ① Money received from N is less than KRW 90 million in total nine times in nine times in total in relation to U’s management expenses. Even if not, KRW 82 million in total related to the payment for two heads of two heads of two groups of two groups of one group of one group of one group of one group of one group of one group of one group of another does not relate to N in total nine times in nine times in total. ② The place of receipt of the above money is not the office of Busan District Court Decision 200,000,000 won, which was recognized by the lower court, and the lower court erred by misapprehending the legal principles as to the Defendant’s breach of trust and the lower court’s misapprehension of legal principles as seen above, or by misapprehending the legal principles as to unjust sentencing.

2. Determination.

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