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(영문) 의정부지방법원 2017.09.28 2017노1774
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of grounds for appeal;

A. The Defendant supplied the victim with gambling for self- packing, and there were remaining gambling money to be paid by the victim to the Defendant.

In such a situation, the defendant suggested that the victim will transfer his/her own property to another person instead of the money for gambling, and the victim accepted such proposal and transferred his/her own property to the defendant as a repayment.

B. Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged of this case.

2. The lower court also asserted the same purport as the above grounds for appeal.

In full view of the circumstances stated in its reasoning, the lower court: (a) the victim provided the Defendant with his/her own intention as a repayment by proxy;

It can not be seen that the defendant could sufficiently recognize the fact that he has received a delivery by deceiving the victim as shown in the facts charged of this case.

On the other hand, the defendant rejected the above argument and found the defendant guilty of the facts charged in this case.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is an error of law by misunderstanding of facts, as alleged by the defendant.

subsection (b) of this section.

Therefore, the defendant's argument cannot be accepted.

A. At the time of delivering the subject person to the Defendant, the victim seems to have been forced to sell the subject person above the price stated in the unit price list presented by the Defendant (the 66th page of the record of trial). In addition, at the time of delivering the subject person, the victim presented a unit price list (the 6th page of the 3 book of evidence No. 1) prepared by the victim to the Defendant.

A special circumstance that the defendant may sell his own own at a price lower than the price of the above unit price table between the defendant and the victim.

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