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(영문) 서울고등법원 2015.06.11 2014노3978
배임수재등
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.

5,9670,00 won shall be additionally collected from the defendant.

Reasons

1. The part contained in the statement of grounds of appeal after the expiration of the period for filing the grounds of appeal shall be considered to the extent of supplement in case of appeal;

: misunderstanding of facts, unreasonable sentencing

A. Although the Defendant argued that the Defendant received KRW 5 million from M on December 20, 2010 from M, the Prosecutor changed the indictment with the content of withdrawing this part of the facts charged at the trial, and this Court permitted this, and thus, is not judged separately.

1) Of the facts charged in the instant case, the part that “the Defendant received KRW 1 million from M through the J account,” as indicated in paragraph 5 of the attached Table of Crimes List of Crimes, is not an illegal solicitation, but an illegal solicitation, and the Defendant borrowed money from J M and remitted money to the Defendant by the J. However, the lower court convicted the Defendant of the facts. (2) Of the facts charged in the instant case, the part that “the Defendant received KRW 15 million from M through the J account,” as indicated in paragraph 7 of the attached Table of Crimes List of Crimes, is not an illegal solicitation, but an investment amount, and the lower court convicted the Defendant of the facts.

3) With respect to the receipt of property in breach of trust in relation to the new construction of a building among the facts charged in the instant case, the lower court found the Defendant guilty on the ground that the part that the Defendant received KRW 4,400,000 from V on November 15, 201, ② the part that received KRW 100,000 gift certificates from Y around June 201, ③ the part that received KRW 5,000 from AA during the period of November 2012, and ③ the part that received KRW 500,000 from AA during the aforesaid period of November 2012, the Defendant did not have received as above. (b) Considering the fact that the Defendant had faithfully worked for about 20 years, including the receipt of multiple official commendations of unfair sentencing, had no criminal record, and had not been partially withdrawn from the trial of the lower court, the lower court’s punishment (two years of imprisonment and additional collection

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

A prosecutor.

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