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(영문) 청주지방법원 2016.12.01 2016노72
횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the Prosecutor: “A while receiving KRW 165 million from the Defendant’s transfer of KRW 165 million to the Defendant; and “A while being kept in custody,” the remainder of KRW 150 million, excluding value-added tax 15 million among them, was kept for the victim”; “A person who arbitrarily consumed KRW 165 million” in the indictment 10 was remitted to KRW 165 million, and then arbitrarily consumed KRW 150 million among them; “A person who received KRW 165 million from the Defendant and voluntarily consumed KRW 150 million in the list of crimes (unit: KRW 65 million); “A person who received KRW 165 million in total; KRW 165 million in total; 50 million in addition, the court below’s amendment to the indictment with the exception of KRW 500,500,000,000,000,000 in total,00.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen earlier, and the judgment below is reversed and it is again decided as follows.

[C] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows. The facts constituting an offense and the summary of the facts charged by the court below are as follows: “A person who has received a remittance of KRW 165 million from the custody of KRW 165 million among them, and has kept for the victim the remainder of KRW 150 million except value-added tax of KRW 150 million from the remittance of KRW 165 million among them,” and “a person who has arbitrarily consumed KRW 165 million from the custody of the victim” as “a person who has received KRW 165 million from the remittance of KRW 165 million among them, and arbitrarily consumes KRW 150 million from the list of crimes”.

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