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(영문) 인천지방법원 2021.01.15 2020노185
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. Although the defendant's misunderstanding of facts appears to have repaid the defendant's personal debt out of the funds of the damaged company, the court below erred in finding the defendant not guilty of this part of the facts charged.

In addition, with respect to the money remitted by the defendant to I and J out of the funds of the damaged company, the court below acquitted the defendant of this part of the facts charged without hearing the circumstance and name of the above remittance.

B. The punishment sentenced by the lower court (one year of imprisonment, two years of suspended execution, and 80 hours of community service) is too uneasy and unfair.

2. Judgment on the assertion of mistake of facts

A. 1) The lower court’s determination as to H. 1: (a) the sum of the following facts and circumstances acknowledged by the instant records, namely, KRW 50 million on August 16, 2016; (b) KRW 300,000 on October 28, 2016; and KRW 500,000 on October 31, 2016; and (c) the Defendant’s total of KRW 160,000 on December 6, 2016; and (d) KRW 160,000 on December 26, 2017; and KRW 160,000 on December 6, 2016; and (d) KRW 160,000 on June 6, 201, the Defendant received KRW 600,000,000 from the Defendant’s account; and (e) KRW 1600,000 on June 25, 2017.

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