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(영문) 광주지방법원 2016.08.23 2016노218
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not use the 4.85 million won of the 10 million won, which was received from the injured party, for the auction proceeds of the corporeal movable property, or for the expenses related to the same business relationship, such as meals, transportation expenses, etc., for personal purposes.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. The lower court found the Defendant guilty of all the charges of this case on the ground that the Defendant had arbitrarily used 4,850,000 won based on the following circumstances.

A. On May 6, 2013, the Defendant used KRW 5,150,000,000, out of KRW 10,000 from the damaged person, as auction-related costs, at the same place with the victim and D around May 6, 2013, and the remainder of KRW 4,855,00 is kept by

“Preparation of an estimated statement,” and recognizing that the above KRW 4850,000 was used for personal purposes at that place, the Defendant promised to change it to the victim.

B. D states that there is no use of the above KRW 10 million or bid for the auction with the above money, and D is in custody of the defendant.

No person shall be deemed to have used 4850,000 won as a bid for an auction, etc.

(c)

The defendant, who has used money, has no choice but to prove that his wife could not associate with it, used 4.850,000 won for personal purposes.

The Defendant asserted that he did not use money for personal purposes; however, it is difficult to accept that the Defendant used money even if he did not use money for personal purposes because of the lapse of two months from the Defendant’s receipt of money from the injured party, it is difficult to accept that the Defendant used money for personal purposes even though he did not use money for personal purposes.

there is no special reason to determine a person.

(d)

Of the statement of accounts, the defendant.

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