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(영문) 대전지방법원 2015.07.16 2013노1089

횡령등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant (a) 1) misunderstanding of facts and misunderstanding of legal principles are Hyundai Motor Co., Ltd. (hereinafter “Modern Motor Co., Ltd”).

(2) The court below found the defendant guilty on September 24, 2013, on the first day of the appeal, although the defendant made a telephone call with counselors, but the defendant did not have any intention to obstruct the duties of counselors, even if the defendant did not interfere with the duties of counselors, and even if it could be viewed as a force, it does not constitute a crime as a legitimate exercise of consumer rights. However, there is an error in misunderstanding of facts or misunderstanding of legal principles, which is erroneous in the judgment of the court below. 2) The defendant made a statement that the defendant is an alternative unreasonable sentencing as a reason for appeal on September 24, 2013, which is the date on which the period for submitting the statement of grounds of appeal expired. However, the statement of grounds of appeal submitted by the defendant within the period for submitting the statement of grounds of appeal only contains a statement

Even if there are no grounds for appeal as to the assertion contained in the statement (see Supreme Court Decision 98Do1234, Sept. 22, 1998). Thus, the Defendant’s above assertion of unfair sentencing cannot be deemed to have been included in the grounds for appeal, and thus, it is decided not to determine the above assertion of unfair sentencing.

B. The victim during the maintenance period, on the ground that the Defendant’s purchase in the name of Dong C and the repair of the B investment-to-be X car (hereinafter “instant purchase vehicle”) requesting the repair of the breakdown was not found in the process of inspection, even though any error was not discovered during the inspection, the Defendant’s hearing the explanation on the part of the Hyundai Motor Vehicle’s repair content is not against his own intention without any conditions.