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(영문) 서울고등법원 2018.08.28 2018노524
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one and half years of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In the facts charged at the trial of the party, the Prosecutor applied for the modification of an indictment to add “60 times in total to 390 times, such as Table 1, Table 2, and Table 3 of Attached Crimes” to “a total of 469 times, such as Table 1, Table 2, and Table 3,” respectively, “a total of 640,058,890 won” to “a total of 754,061,760 won” and to “a total of 754,061,760 won” to “attached Table 3” attached to this judgment. Since this Court permitted this, the judgment of the court below was no longer maintained.

3. As seen above, the lower judgment is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s unfair argument of sentencing, and the lower judgment is reversed, and the following is again decided after pleading.

【Grounds for the judgment in its entirety] The criminal facts and summary of the evidence recognized by the court in this case and the summary of the evidence are as follows. Of the column of "criminal facts" of 2-2 of the judgment of the court below, " through 390 times in total, such as attached Table 1, 2, and 2 of the daily list of crimes," " through 469 times in total, as shown in attached Table 1, 2, and 3 of the daily list of crimes," and "a total of 640,058,890 won in total" of the same 9 of the same act shall be deemed as "a total of 754,061,760 won in crime list", and "a summary of evidence" attached to this judgment shall be added to "attached Table 3 of the daily list of crimes," and "a defendant's statement in court" of "a summary of evidence" shall be deemed as "a statement in the court of the court below and the court of the court of the first instance," and "a statement in the police record of M.

1. In addition to a copy of an external audit report, the details of the use of the cards of the Nonghyup Corporation, the details of the transaction of the purchase and sale of the cards of the Nonghyup Corporation, a copy of the resolution of expenditure, the details of the transaction of the credit union, the details of the transfer to the E account, and the audit report of the fiscal year 2017.

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