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(영문) 인천지방법원 2021.02.10 2020노1117

횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The amount of damage caused by the instant crime is limited to KRW 46 million in total (i.e., KRW 32 million cut steel plates). However, the lower court erred by misapprehending the fact that the lower court convicted Defendant 1 of the entire charge of the instant crime.

2) The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment as to the Defendant’s assertion of mistake of facts and the evidence duly adopted and investigated by the lower court and the first instance court: (i) the Defendant paid the Defendant rent of KRW 700,000 per month from February 18, 2017 to the victim for the one-way presses, one-way presses, and one-way presses, one-way presses, and two-way presses; (ii) the Defendant entered into a mechanical lease contract with the Defendant that the said three-way ownership would be transferred to the Defendant when the victim was paid to the victim; and (iii) the victim’s representative director entered into an investigation agency’s “the amount of KRW 45,00,000,000,000,000,0000,000,000,0000,000,000 won, which reflects the market price at the time of the purchase by the victim, and KRW 300,000.

(2) The Defendant did not submit objective data to prove that the Defendant disposed of the steel cutting machine at KRW 32,00,000 and 12,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000