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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the reasoning of the judgment below and the evidence duly adopted by the court below in light of the records, the court below is justified in finding the Defendant guilty of all the charges of this case (excluding the part not guilty in the original trial) against the Defendant on the grounds as stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of the logical and empirical rules, or by misapprehending the legal principles on the intent of embezzlement
2. As to the Prosecutor’s Grounds of Appeal
(a) If the representative director of a company issues a promissory note in the name of the company by abusing his/her power of representation, the company does not bear any obligation against the other party, even though the other party knew of the abuse or because
Even if a promissory note is distributed to a third party, the company may be deemed to have caused the risk of bearing the obligation to pay the amount of the promissory note to the holder. However, if there are special circumstances that the promissory note is not distributed to a third party, it cannot be deemed that the company has caused the risk of property loss or damage in breach of trust
Here, the issue of whether a promissory note is not distributed to a third party is various issues such as the specific circumstances and circumstances before and after the issuance of a promissory note, including the relationship between the issuer and the addressee of the promissory note and other related persons, and whether there exists a pre-transaction undertaking or non-distribution undertaking between them, etc., the external elements of the issued promissory note, whether collateral has been provided in addition to a promissory note, the type or content of the security, and the right trend of the receiver and other related persons, and the development of legal relationship.