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(영문) 인천지방법원 2018.06.01 2017노4588
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) Prior to the instant case, the Defendant: (a) delegated the sale and purchase of the C (hereinafter “C”) No. 401 as indicated in the holding of the lower judgment by K; and (b) concluded a sales contract with the delegated head under the name of K; and (c) K did not raise any objection thereto.

K also delegated the Defendant with the instant 402 purchase and sale, and the Defendant, in the same manner as the instant 401 purchase and sale, continued to buy and sell the instant 401 loan.

2) At least the Defendant was implicitly delegated by K with the right to sell the 402 Borrowing of this case.

It is reasonable to see that the Defendant forged documents under the name of K concerning the sale under Section 402 of the Loan of this case, or did not deceive the victimJ.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same purport as the above argument in the lower court, and the lower court rejected the above argument in its reasoning.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s determination is justifiable.

1) K requested not only the Defendant but also other persons to introduce and refer to the purchaser of the instant loan Nos. 401 and 402.

Upon receipt of the above request from K, the Defendant did not receive any letter of delegation, letter of seal, certificate of seal imprint, or any other document regarding delegation of the power to sell.

K is nothing more than entrusting the Defendant to sell and purchase the instant loan Nos. 401 and 402, but rather requesting a trade intermediary. 2) When concluding a sales contract with Q Q and the instant loan Nos. 401, the Defendant notified the Defendant of the fact that it entered into a sales contract with Q and Q to enter into a sales contract in advance, and the down payment is an account in the name of Q.

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