beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant, as the actual operator of the Victim L corporation, manages the property for the benefit of the victim corporation in accordance with the proper purpose of its establishment, the Defendant conducted business operations for the benefit of the victim corporation with another corporation (U.S., V, W, and Z), which is not the victim company, and paid money to AD employees of the victim company, according to the evidence submitted by the prosecutor, the lower court found the Defendant not guilty, and all of the facts of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) and the violation of the Act on the Aggravated Punishment, etc.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, and two years of suspended execution) is too uneased and unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the Defendant’s summary of the facts charged is the Victim L Co., Ltd. (hereinafter “victim Co., Ltd.”) established for the purpose of arranging travel in the Gangnam-gu Seoul Metropolitan Government from September 22, 2008 to September 2, 2008 for the purpose of the travel agency business, container, golf reservation, management service business, etc.
(A) The S Savings Bank, Inc. (hereinafter “Saving Bank”), which is a company specializing in the sale and operation of pension units, has extended a large amount of funds to U(hereinafter “U”), Co., Ltd. (hereinafter “V”), a real estate company, and W(hereinafter “W”) (hereinafter “W”) which is a real estate company, while working as the representative director, has overall control over the business affairs of the company, and is in charge of the management and expenditure of the funds. However, on September 2008, the said three companies had already been in bankruptcy due to business depression, etc., and even if a security provided by three companies as a loan security is realized.