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(영문) 서울중앙지방법원 2018.04.27 2017노4620
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

The amount stated in No. 1, 2, 7, 22, 25, and 28 of the Crimes List No. 1, 2, 7, 22, 25, and 28 as indicated in the judgment of the court below as to the embezzlement of occupational embezzlement is the money duly paid by the victim D Co., Ltd. (hereinafter “victim”) to E Co., Ltd. (hereinafter “E”) for the use of business rights, and the amount stated in No. 21, 23, 24, 39, and 44 of the Crimes List No. 21, 23, 24, 39, and 44 of the List of Offenses Act is

As to the forgery of private documents and the uttering of the above-mentioned documents, the F seal of the meeting minutes of the board of directors is the defendant with the consent of F. G seal of the letter of reduction agreement is consistent with the defendant's consent without the consent of G, but it was made by the presumption consent of G. Thus, the defendant did not use the above documents by forging them.

The punishment of the court below (10 months of imprisonment) which is unfair in sentencing is too unreasonable.

Judgment

According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the occupational embezzlement, the following circumstances can be acknowledged.

A victimized Company (Evidence No. 158 pages) and E (Evidence No. 160 pages) are both the Defendant established, and location is also the same (Evidence No. 926,927 pages). H stated that the victimized Company did not have entered into a contract for the domestic use of E and N brand (Evidence No. 91, 520,926 pages, and trial records No. 336 pages). The Defendant also stated that the victimized Company was not the victimized Company, but the E, and that there was no contract for the use of N brand between the victimized Company and E (Evidence No. 520,932,933 pages) [Evidence No. 2015 Contracts (Evidence No. 54, No. 312 pages) between the victimized Company and the victimized Company was omitted, and that the Defendant entered into a contract as stated in the facts charged prior to the date of embezzlement No. 2015.

person shall not be appointed;

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