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(영문) 창원지방법원 2020.09.11 2020노404
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is examined to the extent of supplement in case the defendant's defense counsel asserted in the defense counsel's written opinion on June 9, 2020, which was submitted after the deadline for submitting the grounds for appeal.

misunderstanding of facts and misapprehension of legal principles (the point of occupational embezzlement) only sold the fishery products supplied by the victim through the business entity called "D," which the Defendant had been forced by the victim, and did not have a consignment relationship with the victim. If there was a consignment relationship with the victim, this is a cruel act, such as assault, intimidation, etc. of the victim. Therefore, the crime of occupational embezzlement is not established under the premise that there was a legitimate consignment relationship between the Defendant and the victim.

F The sum that the Defendant deposited into the account of Suhyup Bank can not be considered as the sales price of fishery products owned by the Defendant.

B. The lower court’s sentence of unreasonable sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below on the allegation of mistake of facts and misapprehension of legal principles as to the 1 consignment relation assertion also asserted the same purport as the grounds for appeal in this part, and the court below rejected the defendant's assertion on this ground as stated in its reasoning, and it is reasonable to view that the defendant was in a consignment relationship with the victim in the collection of the proceeds from the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of

In light of the relevant legal principles, the lower court’s judgment is just and acceptable, and it erred by misapprehending the legal principles, as otherwise alleged in the ground of appeal.

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