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(영문) 광주고등법원 2016.08.18 2016노61
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment below

Of them, the guilty part against Defendant A (including the innocence part, excluding the application part for compensation order) and the application part for compensation order.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair sentencing) submitted a statement of grounds for appeal disputing misunderstanding of facts and misapprehension of legal principles along with the initial unfair sentencing, and Defendant A withdrawn the assertion of misunderstanding of facts and misapprehension of legal principles through the statement of reasons for appeal withdrawn from the trial on April 21, 2016.

The punishment sentenced by the court below to Defendant A (a prison term of four years, additional collection) is too unreasonable.

B. Defendant C1’s misunderstanding of the facts, misunderstanding of the legal principles, ① Defendant C’s failure to pay K (hereinafter “K”) and the contents of the negotiations conducted with seven companies, such as the limited company L (hereinafter “L”), J (hereinafter “J”), the stock company (hereinafter “M”), the limited company N (hereinafter “N”), the stock company N (hereinafter “O”), P, and Q (hereinafter “ Q”) constituted seven companies (hereinafter “the Lien”) on the shipment of the building materials, which are not subject to lien, do not constitute a legal act as an agent for legal affairs. This is merely a mere fact that the contents of the negotiations conducted with the KR Cooperation Association (hereinafter “the Lien Council”) do not request a factual or physical interference with the shipment of the building materials, which are not subject to lien.

② Also, Defendant C’s KRW 300 million received from R Co., Ltd (hereinafter “R”) around March 28, 201 is not the consideration for lien negotiations, but the consideration for the disposal of vessel engines, propellers, and post-markets with the introduction of Defendant C.

2) The punishment sentenced by the lower court to Defendant C (a three-year imprisonment, additional collection) is too unreasonable.

(c)

Defendant

E/F 1) Since the operation of a place of the AB massage surgery operated in a building located in AC at the time of capture of misunderstanding of facts or misunderstanding of legal principles (additional collection against Defendant E), the profits therefrom should be excluded from the additional collection charge against Defendant E.

2) Punishments sentenced by the lower court to Defendant E and F (10 months of imprisonment, 2 years of suspended sentence, 100 hours of community service, 8 months of imprisonment, and 8 months of imprisonment.

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