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(영문) 서울고등법원 2014.12.05 2014노1505

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

The judgment below

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

Defendant

A shall be punished by imprisonment for nine years.

Defendant

A.

Reasons

. The provision was made;

Even if it does not constitute embezzlement.

(2) In full view of the following facts and circumstances acknowledged by the lower court and the first instance court’s duly admitted and investigated evidence, it is difficult to readily conclude that the steel product of this case was actually a sales contract between H and J on July 27, 2012 and the ownership of the steel product of this case was J, and there is no other evidence to prove otherwise. Rather, it is reasonable to view that the ownership of the steel product of this case was still reserved in H and 200 tons, and even if Defendant A provided the steel product of this case to other parties for new transfer, Defendant A may not be punished for embezzlement: (i) the sale contract of this case with 0 tons on February 16, 201 and 30 tons; (ii) the sale of the steel product of this case to 30 tons at the 00 tons of the supply and sale contract of this case; and (iii) the sale of the steel product of this case to 100 tons at each of the 200 tons of the supply and sale contract of this case; and (iv) the sale of this case to 30100 billion tons of each of the terms per 300 tons.

B and H agree to lease the steel materials of this case from J in 10,00 won per ton of monthly rent of 10,000.