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(영문) 창원지방법원 2013.07.18 2013노2
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. On December 29, 2009, the summary of the grounds for appeal: (a) the Defendant leased the instant singing room D underground (hereinafter “the instant singing room”) from the victim C on the leased date, and the Defendant repaired four singing room installed at the same time by bringing at least 20,000 won; and (b) the victim performed interior decoration construction, thereby making the said singing room more than four and three air conditioners (small-type), three air conditioners (small-type), three air conditioners (small-type), three air conditioners (small-type), three air conditioners (small-type), three air conditioners, gas bags, and line winders (hereinafter referred to as “Sing machine goods”), other than the said four singing room goods, and delegated the Defendant with the right to dispose of the said goods; and (c) the Defendant sold the building with the instant singing room to G with the permission of the owner of the new building; and (d) the Defendant disposed of the remaining goods, and thus, the lower court found the Defendant guilty of the facts charged, thereby affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the testimony of the witness C of the trial party are: (i) the Defendant leased the instant singing room from the victim around September 29, 2009; (ii) the Defendant did not pay any additional premium to the victim; and (iii) the victim provided a relatively consistent statement to the effect that, at the time of the lease of the instant singing room from the police to the trial, the Defendant provided that the Defendant shall return the instant singing room facilities and the house to the victim upon the expiration of the lease term due to a special agreement to the contractual terms at the time of the lease of the instant singing room to the Defendant; and (iv) the Defendant inserted the instant singing room four new letters into the said singing room at the time of lease.

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