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(영문) 대구고등법원 2015.09.10 2013노596
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) With respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), the defendant corporation G (hereinafter

(2) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), the Defendant was unable to obtain personal benefits due to the acquisition of G in light of the fact that the Defendant had the ability to repay the funds of the victim company to G at the time of lending the funds of the victim company, and as to the Defendant did not have the intent of breach of trust, G did not have the intent of breach of trust, so long as the interest on the funds of the victim company was paid in full and paid in around April 2013, there was no risk of damage or damage to the victim company, and thus, the crime of breach of trust is not established.

3) As to the violation of the Medical Service Act, the Defendant leased a hospital building to K, L, and N, and did not have any participation in the operation of the hospital, and opened and operated a hospital directly by K, L, and N. B. Even if the facts charged of the instant case on unfair sentencing are found guilty, the lower court’s punishment (one year of imprisonment and four years of suspended execution) is too unreasonable.

2. Determination

A. As to the assertion of mistake of mistake, etc., the Defendant also asserted the same purport as the argument of mistake of mistake, etc., and the lower court rejected such assertion in detail under the title “determination of the Defendant and the defense counsel’s assertion” and convicted all the charges of this case.

The judgment of the court below and.

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