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(영문) 서울북부지방법원 2017.10.20 2017노242

횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event that an auction on the building (hereinafter “O-owned building”) owned by the O Co., Ltd. (hereinafter “O-owned building”) located in the Sound Group of Chungcheongbuk-do was commenced, Co., Ltd. (hereinafter “O-owned building”), the Defendant allowed the Defendant to sell alcoholic beverages kept in custody and use the proceeds thereof.

The Defendant, with C’s permission, used the sales proceeds of alcoholic beverages, is not arbitrarily embezzled.

2) In order to prevent an auction on the O-owned building, the Defendant and the Plaintiff agreed to transfer the ownership of the building to the Defendant, obtain loans from the Defendant’s transaction bank, and repay obligations to the auction creditors. During the process, the Defendant prepared and exercised a written request for the cancellation of mortgage on the facts constituting the crime with C’s permission.

C At will not forge or use the document without C’s permission.

B. misunderstanding of the legal principles 1) 2-C of the facts of the crime, D) the Defendant, together with the network S and T, has brought up J and L, which are children of C. In the process of cancelling C’s resident registration, the Defendant prepared and exercised C’s transfer report to prevent cancellation of C’s resident registration as J and L’s resident registration.

This is a legitimate act for the welfare of C children, which does not go against the social norms.

2) Criminal facts No. 3 Defendant, the net S, and T’s delivery of a benz car that cannot be used in the process of disposing of the goods of the vehicle to the scrapped enterprise is merely a process of treating the vehicle with no economic value as a vehicle and with no special subjective utility even to the actual user C.

The automobiles of this case do not constitute a crime of concealment of property, since they do not constitute property requiring criminal protection.

2. Determination

A. Determination 1 on the assertion of mistake of facts 1) Determination on the argument concerning the crime No. 1 is made at the lower court.

참조조문