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(영문) 수원지방법원 2015.09.16 2014노4068
업무상횡령
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

-the applicant for compensation.

Reasons

1. The gist of the grounds for appeal is that the defendant has embezzled for two minutes of the five minutes of the prime red court entrusted by the victim.

(1) The Defendant’s defense counsel stated the grounds for appeal on October 14, 2014 as the grounds for appeal, and stated the mistake of facts and unreasonable sentencing as the grounds for appeal on October 15, 2014. However, on the third trial date of the first instance trial on October 15, 2014, the notification of the receipt of the instant trial records was served on the Defendant on August 7, 2014, and on the public defender on August 13, 2014, and the public defender submitted on August 28, 2014, respectively. The written statement of the grounds for appeal submitted by the public defender on August 28, 2014 is written as the grounds for appeal only by mistake of facts, and the allegation of unfair sentencing is not written in the petition of appeal, and thus, the above written grounds for appeal and the third trial on the grounds of unfair sentencing filed after the submission of the grounds for appeal on the grounds for appeal, and thus, the prosecutor applied for permission to amend the indictment against the Defendant as stated in paragraph (a).

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of facts.

3. Judgment on the defendant's assertion of mistake of facts

A. The summary of the facts charged in the instant case is a person running D’s “D” from February 2, 2006 to Sungnam-si, and on the other hand, the victim E purchased from F around April 1994 from “Seipo-si” column 2 of “Sipo-si” (or “Sipo-sipo-si”) purchased from F was going to its own house located in Seocho-gu, Seoul.

On November 5, 2006, the Defendant kept and managed the column of 460%, including the amount of 5-60 promotions owned by the Defendant, on condition that the Defendant would receive management expenses of KRW 250,000 per month from the Victim.

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