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The judgment below
The guilty part against Defendant A (including the innocent part in the reason) and the guilty part among the acquitted part shall be 2012 and 268.
Reasons
The court below sentenced Defendant A not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in the attached Table 5 of the court below's judgment among the facts charged against Defendant A. The prosecutor did not appeal against this, which is separate and confirmed from this part and excluded from this court's trial scope.
Of the facts charged against Defendant A and C, the lower court acquitted Defendant A of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) 1 and 2 in the attached Table 2 of the lower court’s judgment, and acquitted Defendant A of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) of KRW 733,987,100 among the facts charged against Defendant A on the ground of crime list 6 of the attached Table 2012 high-priced268 among the facts charged against the lower judgment. Since the prosecutor did not appeal against this, the portion of innocence was also judged in the first instance along with the guilty portion, in accordance with the principle of non-appeal, even though the non-appeal portion was already judged in the first instance court, it cannot be determined up to that portion (see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010).
Summary of Grounds for Appeal
Defendant
A misunderstanding of facts and misunderstanding of legal principles in the 2012 Gohap268 case, [1] Nos. 7, 8 and 2012 Gohap907 case No. 1 of the court below's decision.
(b)paragraphs 2 and 2-b;
AH, AR, and GE (hereinafter referred to as “AH, etc.”) made a loan to a person who intends to use money under the well-known state that he/she is an individual of the Defendant, not a corporation (hereinafter referred to as “O”).
Therefore, parties to a monetary loan contract with AH, etc.