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(영문) 서울고등법원 2012.11.02 2012노1467
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment below

Part of the defendant A, B, C, and E shall be reversed.

Defendant

A Imprisonment with prison labor for not less than six years, and Defendant C.

Reasons

Ⅰ Summary of reasons for appeal 8;

Ⅱ. Ex officio determination of changes in indictment 8

Ⅲ. Summary of the result of the trial judgment 9

Ⅳ. Judgment 10 on Defendant A’s unique landscape (Embezzlement, breach of trust)

1. Summary of the facts charged in the judgment of conviction 10

A. Business embezzlement to the victim AI (201 high-priced 440, No. 2.2.2) 11

B. Business embezzlement in relation to the victim AJ bank (Defendant 201 Gohap440, No. 2.440) 12

C. Breach of trust in relation to the victim AJ bank (the charges No. 2011 Gohap440, May 2, 201) 14

D. Breach of trust in relation to the issue of capital increase with respect to the issue of capital increase on July 14, 2005 (the fact of the public action No. 2015514, Dec. 15, 201) 15

2. Whether Defendant A’s assertion on claims for reimbursement, etc., which constitute a prerequisite for the grounds of appeal under this part of this part of this case, is required and decided 16

A. Summary of the assertion, such as Defendant A’s claim for reimbursement

(b) the summary of the Prosecutor’s counterclaim 18

C. Judgment of the court below on the assertion of claim for indemnity amount 19

D. Determination as to the assertion of claim for indemnity amount 21

E. Whether it constitutes an error in law

3. Summary of and determination on the grounds of appeal on each of the facts charged by Defendant A’s convictions (Embezzlement and breach of trust)

(a) Part 24 of the Criminal Embezzlement (Crimes List (1)) of a victim AI corporation in charge of raising funds;

B. Part 32 of the business embezzlement of stock certificates owned by the victim AI holding company

(c) Business embezzlement (criminal inundation (2) of securities held by the victim AJ dispute resolution company in part 36;

(d) The part of the embezzlement (the name of a loan) for the business of funds of a corporate fund-raising company AJ (hereinafter referred to as the "crime list") 47;

(e) Business embezzlement (payment of interest on loans in the name of employees) of a corporation in charge of the resolution of a conflict of accounts (4) 56

(f) Business embezzlement (Withdrawal in the name of a third party) of funds to be used by a corporation AJ in the form of a victim AJ bank (58);

G. The part concerning occupational breach of trust against the victim AJ bank (the charges No. 2011 Gohap440, May 1, 201) 70

H. The part concerning occupational breach of trust in relation to capital increase with respect to the victim AM-listed corporation (the charge No. 201555, Jan. 2, 201) 74

4. Each of the charges of embezzlement and breach of trust committed by the prosecutor in the lower judgment.

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