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(영문) 수원지방법원 2013.06.19 2013노807
업무상횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The facts constituting the crime listed in 14, 15, and 16 Nos. 14, 15, and 16 of the crime sight table in the judgment of the court below as stated in the judgment of the court below overlap with the facts stated in 11, 12, and 13 of the same crime sight table. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment. 2) The sentence of the court below (one year of imprisonment)

B. A prosecutor 1) Although the facts charged in the judgment of the court below that judged the acquittal of reasons in the judgment of the court below, based on the evidence of the prosecutor’s submission, such as the statement of confirmation of H’s confirmation of facts, H’s testimony, statement of settlement of accounts without settlement of fees submitted by the complainant, etc., the facts charged in the attached list of crimes (not guilty portion) can be fully convicted, the court below’s judgment not guilty of this part of the facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The

2. Determination

A. According to the evidence duly adopted and examined in the court below's decision on the defendant's assertion of mistake of facts, the court below may find the defendant guilty of all the facts constituting the crime in the same crime list, which overlaps with Nos. 11, 12, and 13 in the list of crimes (the part concerning the crime) as stated in the court below's decision, and which is found guilty.

Therefore, this part of the defendant's argument is justified.

B. Decision 1 on the Prosecutor’s argument of mistake of facts in the facts charged in the instant case, the summary of this part of the indictment is as follows: (a) the Defendant, from January 31, 201 to August 2011, in the E-office of the Defendant Company E-office of the E-office of the E-office of the Defendant Company E located in Seongbuk-gu, Sung-nam City, U.S., the seller of which was KRW 10,000,000,000 from the sales proceeds deposited from E-office of the Defendant Company E-office, the seller, unlike the agreement with the F Co., Ltd., which is the victim company.

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