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(영문) 대구고등법원 2019.05.15 2018노616
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Of the facts charged in the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), the court below found the victim C guilty of the crime in the aggregate amount of KRW 87,406,862,869 as stated in the judgment of the court below, and found the victim guilty of the crime in the crime of embezzlement of KRW 1 525,527, 527, 587, 60, 60, 602, 638, 671, 682, 710, 734, 741, 756, 782, 783, 79, 831, 846, 862, 40, 406, 452, 456, 471, 525, 527, 527, 60, 606, and 1 820,000.

Accordingly, the defendant appealed against the guilty portion, and the prosecutor appealed against the embezzlement of the product, such as 10,60,000 won in total, among the guilty portion and the not-guilty portion, 820 or 826.

Therefore, among the non-guilty portion of the judgment of the court below, the part which the prosecutor did not appeal is transferred to this court in accordance with the principle of no appeal, but is exempted from the object of public defense among the parties. Thus, the conclusion of the judgment of the court below is followed and the decision is not re-determined.

2. Summary of grounds for appeal;

A. (1) At the time of committing this part of the crime, the victim directly confirmed and instructed the situation of the delivery of the product, such as tinb, etc., and the defendant reported it to the victim as an employee of the victim and gave approval.

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