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(영문) 서울서부지방법원 2014.10.02 2014노644
업무상횡령
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendants paid the attorney's fees in this case by mistake of facts or misapprehension of legal principles, the court below's judgment which found the defendants guilty of the facts charged is erroneous in misconception of facts or misapprehension of legal principles, although it was for smooth partnership's operations and not

B. Each sentence of the lower court’s inappropriate sentencing (the Defendant A’s fine of KRW 2 million, Defendant B’s fine of KRW 1 million) is unreasonable.

2. Determination

A. As a matter of principle, an attorney fee, which can be used as the costs of an organization for a mistake of facts or misapprehension of legal principles, is limited to cases where the organization itself becomes a party to a lawsuit, the attorney fee for a civil criminal case in which a representative of an organization is a party to the lawsuit cannot be disbursed as the costs of an organization. exceptional interests in the dispute are given to an organization, but an individual who is

The attorney fees may be paid at the expense of an organization only when there is a special need to file a lawsuit or respond to a complaint for the interests of the organization in light of the deep relation with the organization and the overall circumstances, such as the case where a dispute has occurred in connection with the act of duties or the status of its representative lawfully done for the organization or because of the status of its representative.

(2) The lower court’s determination on the charge of bribery is based on the evidence duly adopted and investigated by the lower court, such as the Defendants’ partial lower court’s and prosecutorial statement, J’s investigative agency’s statement, and the instant delegation contract, etc. (see, e.g., Supreme Court Decisions 201Do4677, Sept. 29, 201; 2009Do4987, Sept. 10, 2009). However, the Defendants’ authenticity of the charge of bribery is not related to partnership’s performance of duties, but to an individual’s illegal act, and thus

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