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(영문) 수원지방법원 2015.04.30 2015노625
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. In the absence of any fact that the Defendant did not conspired with G and the instant crime and received KRW 100 million from the Dong, the lower court found the Defendant guilty of the instant facts charged based on G’s statement without credibility, thereby misunderstanding the facts, thereby adversely affecting the conclusion of the judgment.

B. The victim of the misapprehension of the legal doctrine provides money for the anti-social order purpose of value-added evasion, which constitutes illegal consideration and does not constitute another’s property subject to embezzlement. However, the lower court convicted the Defendant of the instant charges, thereby adversely affecting the conclusion of the judgment, by misapprehending the legal doctrine on illegal consideration.

(Defense Counsel's opinion is examined only to the extent of supplement in case of supplement in case of supplemental appellate briefs not timely filed. However, it is sufficient to examine the part concerning the assertion of misapprehension of legal principles in the trial, and it is also examined).2.

A. In order to reverse the judgment of the court below that recognized the credibility of G’s statement, which is the evidence supporting the instant facts charged, as to the assertion of misunderstanding of facts, the judgment of the court below should be sufficiently and sufficiently acceptable, and the circumstances required for the allegation of the grounds of appeal should not be seen as circumstances to the extent that the court below’s decision is not acceptable, such as most of the circumstances already pointed out in the process of the trial of the court below and considered in the process of the judgment of the court below.

This is more so in light of the following circumstances, which can be recognized by the court below by integrating the evidence duly adopted and investigated by the court below.

G is the name of the person in question, as the trade name "X" from the investigative agency to the court of the court below, the reason why business registration has been made, from H and H to the camping point of the National Bank.

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