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(영문) 서울고등법원 2014.02.21 2013노2262
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

Summary of Grounds for Appeal

The supplemental appellate brief shall be considered to the extent of supplement in case of supplemental appellate briefs not timely filed.

Around November 2008, prior to the removal of the term of this case from Thailand to Thailand, the Defendant consulted several times with AB Standing Director, who is an executive officer or employee of the victim company, on the lease and removal of the term of this case, and the above executive officer or employee expressed their intention of consent. ③ The lease contract of this case provides that the Defendant may not sell, transfer, sublease, lease the term of this case without prior written consent of the victim company, and move the place of installation of the term of the term of this case to the owner of the facilities of this case, and the location of installation of the term of this case is a "Nationwide". However, the above contract of this case provides that the Defendant may freely use the term of the term of this case as an "standard contract of automobile, etc. to be used domestically," and that it is difficult for the Defendant to use the term of this case to sell the term of this case to the owner without sufficient cooperation between the parties to the contract.

The amount of embezzlement due to the crime of this case shall be the amount of embezzlement.

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