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(영문) 서울고등법원 2017.06.29 2017노214
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The sentence of a fine shall be suspended for the defendant.

Reasons

The summary of the grounds for appeal is the misunderstanding of the facts concerning the defendant I-related breach of trust and the misunderstanding of the legal principles, and the name of K I-type I-type.

"I" is referred to as "I."

The acquisition of 1 million shares of K was only a case of benefits granted by K in relation to the Defendant’s business, or a case of ordinary investment, not a consideration for illegal solicitation for granting of preference in the future.

In this part of the facts charged, there is an error of misunderstanding of facts and misunderstanding of legal principles affecting the judgment of the court below.

The misunderstanding of the facts and the misunderstanding of the legal principles as to the inheritance of breach of trust in relation to a personal office, that the defendant provided K with an amount equivalent to KRW 218,563,911 as operating expenses of the personal office shall be K L Co., Ltd. (hereinafter referred to as “L”), and that if there is no possibility of confusion, the name of “stock company” shall be omitted.

Since retirement from office, it is expected that M affiliate companies such as G established by the defendant will assist in future activities, and it is not the cost of illegal solicitation as to the duties of K L representative director or counseling station.

In this part of the facts charged, there is an error of misunderstanding of facts and misunderstanding of legal principles affecting the judgment of the court below.

The misunderstanding of the facts about violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the misunderstanding of the legal principles on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is only one of the large shareholders of F, and the defendant did not specifically participate in the operation or instruct AB to provide A

In the case of USD 300,000 U.S. dollars 12 in the crime sight table (2) as indicated in the judgment of the court below, all of the money were withdrawn or used by the defendant, or in particular, in the case of USD 300,000 in the above crime sight table 12, the name of the W-type type owned by the defendant in F is W.

W. hereinafter referred to as “W.”

The price for acquiring shares shall be the actual number of shares.

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