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(영문) 서울고등법원 2014.12.23 2013노531
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. misunderstanding of the gist of reasons for appeal;

2. Ex officio determination

A. Prior to the judgment on the grounds of appeal by the prosecutor on the amendment of the indictment, the prosecutor arbitrarily paid KRW 170 million in total as of January 19, 2010 to I who is the creditor of the defendant under the name of repayment of obligation, and KRW 170 million in total, and KRW 150 million in total as of KRW 3 billion in the charges of this case; KRW 100 million in total, KRW 50 million in the charges of this case; KRW 3 billion in total, KRW 500,00 in the charges of this case; KRW 15 billion in total, KRW 3 billion in the charges of this case; KRW 500,000 in the charges of this case; KRW 1.5 billion in total, KRW 1.5 billion in the charges of this case; KRW 3 billion in total, KRW 500,000 in the charges of this case; KRW 500,000 in the charges of this case; and KRW 1.5 billion in the charges of this case.

B. On May 14, 2010, the Defendant had been sentenced to a suspended sentence of two years for a violation of the Commercial Act by the Seoul Central District Court, etc., and the said judgment became final and conclusive on October 22, 201 of the same year. (2) The Defendant’s status as the Defendant is serving as the vice-chairperson of the Company E (E) (hereinafter “E”) who is a KOSDAQ-listed company from January 11, 201 to March 10.

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