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(영문) 수원지방법원 2020.10.23 2020노3803
업무상횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts (not guilty part of the judgment of the court below), the court below found the defendant guilty of this part of the charges, since the court below found the defendant not guilty of this part of the charges, since the court below erred by misapprehending the facts.

B. The lower court’s sentence of unreasonable sentencing (four months of imprisonment) is too unhued and unreasonable.

2. Facts charged (not guilty portion of the original judgment);

A. The Defendant received, around December 10, 2018, USD 1,000 from the “G” from the business partner in Cambodia Franchise, and around December 14, 2018, respectively, from the Defendant’s bank account in the name of the Defendant to ABA bank account in the name of the Defendant, and voluntarily consumed the sum of USD 5,000 (Korean US$ 5,600,000) in cash around December 17, 2018, and around December 18, 2018, for the victim C Co., Ltd. (hereinafter “victim”) for the personal use of the Defendant around that time.

B. Around December 18, 2018, the Defendant received USD 60,430.95 from the business partner H to the Kaba account under the name of “D” at the same place, and withdrawn USD 60,000.50 (Korean Won KRW 67,380,561) among them in cash, and arbitrarily consumed the Defendant’s personal use during the course of the business custody for the victim company.

3. Determination

A. As to each of the facts charged in this part of the judgment below, the Defendant consistently maintained USD 65,00.50 in cash or checks in the investigation and litigation process of the instant case. However, on December 20, 2018, the judgment below stated that “round November 20, 2018,” but it is obvious that it is a clerical error in the “round December 20, 2018,” and thus, it is corrected as above.

In the process, a traffic accident was lost in the wind that occurs on the way to work after driving at a night, and the chief executive officer is in the process.

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