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(영문) 서울동부지방법원 2014.06.19 2013노1077

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not err by misapprehending the fact that the Defendant was not in the custody of the victim and sold the whole clothes of KRW 30 million from the victim, and that the amount exceeding KRW 27 million, excluding KRW 3 million, such as the price of the clothes owned by the Defendant and the cost of the clothes acquired by the Defendant from the victim D, out of the price that the Defendant actually received after the sale, exceeds KRW 30 million,000,000,000,000,000,000

2. The judgment of the court below is based on the evidence duly adopted and investigated by the court below, and the facts and circumstances found by the statement of K, D, and G of the witness of the party, i.e., ① the victim D has engaged in the same sales of clothes with the defendant, and the amount invested by the victim was up to KRW 90,000,000,000,000,000,0000,000,000,0000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

However, the F expressed its intention to purchase the clothing from August 201, and the F presented its intention to purchase 40 million won from the date of the contract on November 2011 (the currency details with F and the evidence records of the suspect interrogation protocol (two times, the comparison)) and five million won around October 201, the fact that there was a person who expressed his intention to purchase 32 million won through 35 million won (I and J statements, evidence Nos. 1-2, 3) and the defendant was reduced from the victim's warehouse.