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(영문) 수원지방법원 2018.01.26 2017노7883

업무상횡령등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of the grounds for appeal 1) Defendant’s punishment (two years of imprisonment) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The Prosecutor: (a) “AC” in the facts charged of the instant case 4-51 case from the first instance court to the 4-51 case; (b) “AD’s leased deposit from the victim G to the Ha, the lessor,” and “AC” in the instant case 1883 senior group 2, “The leased deposit from the victim Q Q, the lessor L,” and “B” in Q from the victim Q to the lessor L; and (c) the victim “AD” in No. 2, No. 3, annually, the victim “AS” in the instant case 4-51 case; and (d) the Defendant had to extend the leased deposit from the above F real estate office around July 3, 2012 to the 85 years old, with the consent of the lessor or the change of the terms and conditions of the instant office’s lease agreement to the 205 years old, and thus, the Defendant had to obtain the extension of the leased contract or the consent of the 40,000 years old office.

Nevertheless, the Defendant violated such occupational duties and entered into a lease agreement with the O who is the lessee of the instant officetel on the same day without the consent of the victim with the 52 million won deposit, and received seven million won payment of the deposit for the lease on the same day, thereby obtaining financial benefits equivalent to the amount of the deposit, and suffered significant loss to the victim.

“A person who filed a complaint” in the 2017 High Order 2118 Case, “A person who filed a complaint”, “a person who filed a complaint” in the 2017 High Order 218 Case, “a person who filed a complaint”, “a person who filed a complaint” in the 5-6 criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal

Therefore, it is true.