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(영문) 부산지방법원 2014.02.21 2013노2824

횡령

Text

The judgment of the court below is reversed.

Acquittal of the accused shall be acquitted.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. According to the records of ex officio determination, the Defendant: (a) received a subcontract for H principal care work from the Victim J; (b) around March 17, 2011, at the H site office of the Gyeongdong-gun, G, only leased the Defendant’s vessel; and (c) there was no purchase of it; (d) notwithstanding that G’s owner, the Defendant borrowed KRW 30 million from the victim, “I will provide money as necessary to perform H principal care work; (c) I would own the vessel; and (d) in this context, I would receive KRW 30 million from the victim as a loan; and (d) around June 1, 201, the Defendant was sentenced to imprisonment with labor for more than KRW 30 million,000,000 from 30,000 to 301,000,0000,000 won, and the Defendant received the above judgment from 130,000,000 won from the victim’s end of 201.”

Meanwhile, the facts charged in the instant case are the actual representative and diving of D Co., Ltd. located in Busan C., and the F, the representative director of E Co., Ltd. (hereinafter “E”), around February 201, intended to lease “G” sand dredging lines of KRW 700,000,000 in monthly rent of KRW 100,000,000 in the market value owned by the victim and kept the said lines for the victim. On March 17, 2011, the Defendant borrowed KRW 30,000 from J, the representative of E Co., Ltd. (hereinafter “I”) at H Corporation’s H Corporation’s H Corporation’s office located in Chungcheongnam-gu, Chungcheongnam-do, Dok-gun, Inc. (hereinafter “I”), and “G” is deemed as the Defendant’s ownership.