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(영문) 전주지방법원 2013.06.21 2012노1093
업무상횡령
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, as indicated in [Attachment 1, 5, 6, and 7] Nos. 1, 5, 6, and 7 of the List of Crimes, is the victim D Co., Ltd. (hereinafter “victim Company

Despite the absence of the embezzlement of funds, the lower court accepted this part of the facts charged and convicted the Defendant. In so doing, the lower court erred by misapprehending the legal doctrine or by misapprehending the conclusion of the judgment, which affected the conclusion of the judgment. 2) The sentence imposed by the lower court of unreasonable sentencing (six months of imprisonment and two years of suspended execution) is too unreasonable.

B. A prosecutor 1) Although the Defendant embezzled the funds of the victim company as stated in the separate sheet Nos. 2, 3, and 4, the lower court acquitted the Defendant on the ground that there was no proof of this part of the facts charged. In so doing, the lower court erred by misapprehending the facts, thereby affecting the conclusion of the judgment. 2) The sentence sentenced by the lower court of unreasonable sentencing is too unreasonable.

2. Determination

A. In the judgment of the court below as to the defendant's assertion of mistake of facts or misapprehension of legal principles, the defendant argued the same facts or misapprehension of legal principles as the grounds for appeal of this case, and the court below rejected the above argument in detail under the title "the judgment on the defendant's and defense counsel's assertion" in the grounds for appeal of this case. In comparison with the records, the judgment of the court below is just and it is not erroneous in the judgment of the court below, and there is no error of misconception of facts or misapprehension of legal principles as pointed out by

B. Judgment on the Prosecutor’s assertion of mistake of facts 1) Summary 2 and 3 of the annexed Table 2 and the summary of the facts charged is the victim company from July 18, 2002 to June 22, 2003, and from January 24, 2005 to June 7, 2010.

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