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(영문) 대전지방법원 2015.05.21 2014노988

횡령

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (Definite misunderstanding of facts and unreasonable sentencing) 1) The Defendant: (a) By mistake of facts, the Defendant, from among the buildings of the 5th floor G on the Namdong-gu Incheon Metropolitan City’s 4th floor Nos. 1 and 5th H deathna (hereinafter “H deathna”).

(2) The judgment of the court below which found the defendant guilty on the ground that there was an error of misunderstanding the legal principles as to the defendant's imprisonment with labor (one year and six months of suspension of execution, three years of probation, and 240 hours of community service order) on the ground that the defendant's wife was aware of the fact that the defendant's wife purchased the Hemna, and that the defendant's wife conspireds with I and D embezzled the Hemna owned by the victim, and that there was no error of misunderstanding the facts.

B. The lower court’s sentence against the Defendant against the prosecutor (unfair form of punishment) is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below as well as witness D and E of the party witness D and E, the first instance court acknowledged the first instance court from around June 2008 that the Defendant, who was the husband of H S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S and expressed that the Defendant would dispose of H S S S S S S S S S S S S S S S S Ss and would be able to resolve D's debts, etc. upon the transfer of the registration in the name of H S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S. at the time of the victim's or S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S.