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(영문) 부산고등법원 2013.08.28 2013노191
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

(b).

Reasons

1. Summary of the grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) Defendants related to the violation of the Commercial Act, the crime of false entry in the authentic copy of a notarial deed, and the crime of uttering of the authentic copy of a notarial deed (defendants) are Co., Ltd. (hereinafter “M”) with

) L Co., Ltd. (hereinafter “L”).

3.4 billion won borrowed from the victim H Co., Ltd. (hereinafter “victim Co., Ltd”).

(2) Although the Defendants submitted the commercial register containing false details to the public officials in charge of examining the national fishery products wholesale market corporation by fraudulent means, the designation of the victim corporation as an international fishery products wholesale market corporation is merely due to insufficient examination by Busan Metropolitan City, which is a permitting agency, and the Defendants’ act cannot be deemed the main cause of occurrence. Furthermore, in light of the situation at the time of designation of the international fishery products wholesale market corporation and the situation at the time of designation of the above wholesale market corporation, the victim company could be designated as a wholesale market corporation regardless of the Defendants’ act, and thus, the victim company could not be established as a wholesale market corporation regardless of the Defendants’ act.

3) The part of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of trust) (Defendant A) was committed by Defendant A, at the time of the instant crime, only as the head of the victim company's business and did not have any authority to execute funds. The Defendant A was the representative director of the victim company at that time.

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