logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2021.02.04 2019노3946
횡령
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal is that the Defendant did not take over an agricultural corporation B (hereinafter “B”) but only lent the name of K.

The Defendant, under the direction of E, does not dispose of any construction material, such as steel bars, with the intention of the Defendant.

The Defendant knew that construction materials, such as steel bars, were owned by B, not owned by the victim company.

Therefore, the defendant did not have the criminal intent of embezzlement.

In contrast, the lower judgment that found the Defendant guilty of the facts charged of the instant case erred by mistake.

2. Determination

A. The lower court rejected the Defendant’s assertion in detail under the title “the Defendant’s assertion and judgment” in the judgment of the lower court, on the ground that the Defendant alleged the same as the grounds for appeal of this case, and rejected the Defendant’s assertion in detail.

B. In light of the circumstances cited in the lower court’s judgment and the following circumstances acknowledged by the evidence of this case, the lower court’s determination is just and acceptable, and there is an error of law by mistake in the facts alleged by the Defendant, as alleged by the Defendant.

subsection (b) of this section.

On January 29, 2018, the steel bars disposed of by the Defendant purchased the steel bars of 26t for the instant construction work and used on or around April 2018 until the discontinuance of construction work (as a result of the Victim Company’s Claim, according to the Victim Company’s Claim, 6t, 2-3t), was in a state as it was at the time of purchase not processed, and was covered by the Victim Company for use when the construction is resumed.

On the other hand, the above scrap metal was appraised as the scrap metal at the time of the instant case with property value exceeding 80,000 won;

I seem to appear.

The defendant arranged the construction site of this case at his own expense.

The defendant did not notify E, disposed of steel bars to 800,000 won, and used them as the adjustment cost at the construction site.

3. Conclusion.

arrow