(영문) 수원지방법원 2013.04.17 2013노1062 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2013.04.17 2013노1062

업무상횡령

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 is an independent entrepreneur who is not an employee of the victimized company, and the amount of damage is merely an amount receivable. 2) The lower court’s imprisonment (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined in the lower court’s determination on the Defendant’s assertion of mistake of facts, F, the actual owner of the victimized company, was introduced by the Defendant on May 13, 201 and had him take charge of the livestock industry of the victimized company from May 13, 201, and the Defendant issued the name of the representative of the affected company to the livestock industry. The Defendant was engaged in the purchase, processing, sale, and collection of the damaged company’s money from around that time, and was delegated by the victimized company with a full authority to the purchasing, processing, selling, and selling of the money to the victimized company, and to the customer. The Defendant’s assertion on this part can not be accepted, since it is sufficiently recognized on May 24, 2011, that the Defendant arbitrarily lent the money owned by the victimized company to E while selling the money to the victimized company and receiving the payment for sale of the said money from the victimized company.

B. Until the judgment on the assertion of unfair sentencing by the defendant and the prosecutor, the defendant denies the crime of this case, and did not reflect, and only deposited only KRW 11.5 million with respect to the damage actually inflicted on the victimized company in the course of purchasing and selling money, and did not make efforts to recover the remaining damage until now; the amount of embezzlement by the crime of this case is not enormous; the defendant deposited part of the amount; the defendant deposited part of the amount; the defendant had no record of being punished by the same crime or fine; other favorable circumstances, such as the defendant's age, character and behavior, environment, and motive and circumstance leading to the crime of this case; and

유사 판례

-수원지방법원 안양지원 2013.02.19 2012고단768

-춘천지방법원 2015.01.14 2014노48

-의정부지방법원 2020.02.06 2019노1053

-대전지방법원 2016.10.27 2015노2257

-대구지방법원 2015.04.03 2014고단2660