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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2014.04.18 2013노3325
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) came to possess the Not North Korea, a damaged product, with the consent of the management of the victim company, and tried to return Not North Korea in accordance with the decision of recommending reconciliation between the victim company and the victim company, but the application for compulsory execution by the victim company failed to return Not North Korea on the wind seized, and thereafter intended to recover and return Not North Korea from the buyer, but only did not return it by the victim company's refusal to accept it.

2. The following facts acknowledged by the evidence duly adopted and examined by the court below, that is, the defendant agreed to return the North Korea of this case to the victim company at the general meeting of the shareholders of the victim company around February 2012, the defendant did not return the North Korea of this case without any special circumstances even though the defendant was requested to return the North Korea of this case by the victim company three times, and the victim company did not return it, and the defendant did not file a civil lawsuit against the defendant concerning the North Korea of this case against the defendant, and the resolution of recommending settlement with respect to the return of the North Korea of this case was issued. The defendant's embezzlement crime of this case was completed when the defendant did not return the North Korea of this case despite the defendant's repeated request for return. The defendant did not return the North Korea of this case after the seizure.

The circumstance that the victim or the victim refused to receive is merely after the crime of embezzlement, and the defendant's assertion is without merit.

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.

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