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Reasons
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(영문) 서울고등법원 2017.12.21 2017노2495
특정경제범죄가중처벌등에관한법률위반(횡령)
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The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Defendant of the Prosecutor.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misapprehension of legal principles A) The amount of money at 1,2,6,8 times a year in the list of crimes (hereinafter “crime list”) attached to attached Form 1 (hereinafter “crime list”) 1,2,6, and 8 is not embezzled since the Defendant borrowed from J (hereinafter “victim”) to repay the loans set forth in AA 108 Dong 1701, Gangdong-gu Seoul.

B) The 62, 63, 64, 65, 66, 79, 73, 83, 86, 91, 96 No. 3, 10, 11, 16, 21, 24, 31, 35, 40, 44, 55, 59, 61, 62, 63, 64, 65, 666, 69, 73, 86, 86, 91, and 96 of the crime sight list 1-years, 10, 24, 35, 40, 44, 55, 59, 62, 63,

Therefore, since the defendant used the money for the work of the actual damaged company, the defendant did not have any intention to obtain any illegal gains on this part of the money.

C) No. 4, 9, 50, 75, 78, 87, 87, 89, 92, 95, and 97 of the crime sight table 1 work as an employee of the victimized company on the ground that the Defendant’s Z, the birth of the Defendant, and the Z, Y, and Y, in Daegu with a high direction. Since the Defendant’s Z, the Z, the birth of the Defendant, and the place of residence, the damaged company leased its deposit or supported its monthly rent.

D) On a 1-year basis of the crime sight table 1-20, 43-years, the Defendant borrowed from the victimized company and remitted the money to the husband who was the husband. The amount of the money at 22,26-years 22, 26-years Ra, which was his own assistance, transferred money to the instructor when he was employed as the instructor, and transferred money according to his direction. The money at 53-years 16,974, 960 won and expenses that the Defendant received from the victimized company, and 30,000,000 won for the 5-years Ra.

E) The amount of money No. 27 per annum of the crime sight table 1 is from the victim company to lease one’s own vehicle.

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