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(영문) 춘천지방법원 2018.07.20 2018노170
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstandings all the delegations 1 (the purport of delegation for collection of claims), 2 delegations (the purport of assignment of claims), and the written agreement of this case (the statement that the defendant has 30% of the recovered amount, and some of 70% is supported to the defendant's business) are prepared by the victim's intent. Thus, the defendant was transferred 50 million won to the victim's claim against D pursuant to the delegations 1 and 2 of this case and the written agreement of this case and used 200 million won from D after collecting 50 million won from D, so the court below erred by mistake of facts.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. The Defendant: (1) The Defendant: (a) the victim did not speak at the lower court that the letter of delegation No. 2 of this case and the letter of agreement of this case were forged; and (b) the Defendant issued a certificate of personal seal impression attached thereto, with his own issuance.

The defendant asserts that the letter of delegation 2 of this case and the letter of agreement of this case of this case of this case of this case of this case were prepared according to the victim's intention and that the defendant used 200 million won as well as the letter of delegation 2 of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case, on April 30, 2013, because the victim did not urge D to pay interest on the debt, 3......... The defendant was delegated with the collection of the debt amount of 3.8 billion won against I to J, and 1.7 billion won of the debt amount of 1.7 billion won of the defendant was also subject to the above agreement.

However, in full view of the following circumstances acknowledged by the evidence duly adopted by the court below and the court below, the two delegations and the documents of this case, which transfer the victim's claims against D between the defendant and the victim to the defendant.

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