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(영문) 창원지방법원 2015.02.04 2014노2246

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant has embezzled a passenger car at the victim’s right angle.

2. The judgment of the court below is based on the evidence duly adopted and examined, i.e., the following circumstances acknowledged by the court below: ① the victim borrowed 2 million won from the defendant as collateral on November 9, 2012; and on December 11, 2012, in order to return the money borrowed from the defendant to the defendant; however, the defendant did not contact with the defendant. The defendant was aware of the fact that the defendant borrowed 7 million won from the person D as collateral and provided 8.9 million won as collateral to D on August 5, 2013, and he received 8.9 million won as collateral, and the corresponding receipt corresponding thereto was submitted (36 pages of evidence record); ② the defendant provided the above vehicle to F at an investigative agency, but the victim made a statement to the effect that "the defendant voluntarily borrowed D money from the defendant as collateral," while the defendant made a statement to the effect that "the victim was in custody of D money from an investigative agency."

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.