Text
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than one year and three months.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Defendant A (misunderstanding of facts, and Sentencing in sentencing) 1) The part 2-Ga of the 2012 senior order 1506 criminal facts as indicated in the lower judgment (i) the part of the 2-Ga of the 2012 senior order 1506 criminal facts as indicated in the lower judgment, which was unlawfully received by receiving 3 million won from AR on occupational breach of trust of No.
In relation to the case, the crime of occupational breach of trust is not established since it received a refund of the above money from AR while settling the revolving expenses together with AR, etc. after the post.
② The purport is that L Center research equipment L Center's new purchase of one pumps and release them from the list of crimes No. 2, No. 14, a 14, and the provision to AF is made.
In relation to this, it is unreasonable to calculate the total amount of damages for new products as damages, since Dr. P. P. P. P. P. P. P.
2) Defendant A, as indicated in the facts charged in the part on the charge of taking property in breach of trust, did not call to Defendant B, as stated in the judgment of the court below, that “A prepared to prepare KRW 200 million amount to be paid to Defendant B,” and Defendant A merely follow the instructions as a direct subordinate to Defendant B’s position. Therefore, it is unreasonable to punish Defendant B and his accomplice in relation to the facts charged of taking property in breach of trust and occupational breach of trust.
3) On the lower judgment, Defendant A was not in a position to exercise a substantial influence over the business affairs of the L Center, and there is no fact that Defendant A received an illegal solicitation from the representative of the L Center’s trading company.
4) The punishment sentenced by the lower court to Defendant A (one year and six months of imprisonment, additional collection of KRW 95,00,000) is too unreasonable.
B. Defendant B (misunderstanding of facts, misunderstanding of legal principles, and Sentencing) (1) part of 894 criminal facts of the 2013 senior order 894 criminal facts of the lower judgment as indicated in the lower judgment (i) Defendant B received 150 million won from T through the Defendant A and received the corporate card and used 7,537,370 won. However, Defendant B did not receive money in exchange for an illegal solicitation, but did not receive money by concluding a lawful contract with T.