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(영문) 서울고등법원 2019.08.22 2018노2308
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant C Co., Ltd. (hereinafter “victim”) as indicated in the facts constituting a crime in the lower judgment, such as misconception of facts, etc.

(2) The court below erred in the misapprehension of legal principles and misunderstanding of legal principles as to the facts charged in this case. 2) The court below erred in the misapprehension of legal principles and misunderstanding of legal principles, which found the guilty of the facts charged in this case to be erroneous. 2) The sentencing of the court below is too unreasonable, and thus, the court below erred in the misapprehension of legal principles.

B. The lower court’s sentencing is too unfortunate and unreasonable.

2. We examine ex officio the judgment on the above grounds for appeal by the defendant and the prosecutor.

In the first instance of the trial, the prosecutor, which the court below found the defendant guilty, is the primary charge of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), and applied for the amendment of indictment adding the name of the crime to the following criminal facts, "an attempted occupational breach of trust," "Articles 359, 356, and 355 (2) and (1) of the Criminal Act," and the ancillary charge, and the subject of the judgment was changed by this court.

However, as seen below, this court is not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust), which is the primary charge, but it is found guilty of the charge of attempted occupational breach of trust, which is the ancillary charge (the defendant recognizes the ancillary charge added in the trial) and the judgment of the court below is no longer maintained.

However, the defendant's assertion of mistake, etc. is based on the above reasons for reversal.

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