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(영문) 대전지방법원 2016.12.15 2016노1494
배임
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below acquitted the defendant on the ground that the defendant could have arbitrarily disposed of the goods owned by the defendant as a security for transfer, although the defendant brought the goods of this case to the victim as a security for transfer, it cannot be ruled out that the defendant could have refused the payment in cash by the victim.

2. Examining the evidence of this case in detail in light of the records, the court below's decision that acquitted the defendant of the facts charged of this case on the ground that it is difficult to view that the evidence submitted by the prosecutor alone, for the reasons indicated in its reasoning, is sufficient to conclude that there is sufficient evidence to prove that the defendant has a criminal intent to commit a crime in breach of trust, and that there is no error of mistake of facts or misunderstanding of legal principles as alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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