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(영문) 수원지방법원 2019.01.30 2018노6042

횡령

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment of innocence is publicly notified.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In a situation after the settlement of the distribution of profits and losses relating to the business operation was completed between the victim and the victim, Defendant 1 is the volatilen Center as indicated in the judgment of the court below (hereinafter “instant volatilen Center”).

(2) The lower court’s sentence of unreasonable sentencing (two months of imprisonment) is too unreasonable, as it disposes of the operating right.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of the facts charged in the instant case is that the Defendant invested in each share of 40%, the victim D40%, and E 20% of “C” on the second floor of the Bupyeong-gu Masan-si building B in Ansan-si around February 13, 2015, and was engaged in the same business. From February 2016, the Defendant and the victim maintained a partnership relationship with the Defendant and the victim as the share of 50%, respectively.

On April 2017, the Defendant entered into a building lease agreement and business registration agreement of the above volatilen center in the name of the Defendant, and completed its business registration under the name of the Defendant, and lost the insignian center, which is the business property, in civil litigation with F, which was operated and kept for the victim while in charge of employing employees and managing funds as a management director of the volatilen center, while taking charge of the management of the business property, and expected to be seized at the above volatilen center. As such, the Defendant agreed to receive additional 50,00,000 won from G, in addition to paying 68,91,352 won, such as the overdue management fee and personnel expenses of the above volatilen center, around the end of April 2017, as well as the expenses paid by G, in addition to the expenses paid by G, in excess of KRW 68,99,352.

4. A new lease contract with the owner of the building above the end of the horse, and the same year.

5.1.Registration, etc. as a business operator of the above Fence Center around 1.