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(영문) 부산지방법원 2016.07.15 2016노136
업무상횡령
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four months.

However, from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of suspended sentence to six months of imprisonment) is too unreasonable.

B. In light of the misapprehension of the legal principles, the contents of the consignment contract between the non-trial defendant and the victims, and the circumstances in which the defendant paid the remainder of the consignment amount after deducting the commission fee from the consignment amount received from the customer to the victims, etc., the court below held that there was a consignment relationship between the defendant and the victims, even though the court below did not examine the statements of some victims and the parties to the tax invoice received by the victims, etc., and the evidence submitted by the prosecutor alone is in the status of the defendant in the custody of the victims.

On the ground that this part of the facts charged cannot be readily determined, the court below erred by misapprehending the legal principles as a result of trial.

2) The above sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination of the Prosecutor’s misapprehension of the legal principles and the lack of hearing

A. On November 2013, the Defendant: (a) at his own office located in the Jung-gu Jtel 904 of Busan, Jung-gu, Busan around November 2013, the Defendant: (b) received 4.50,000 won from the Plaintiff, a local borrower, who transported the freight of the Lmmmmmmm chemical from the International Knmb, to Cheongju, and did not deliver to the victim the balance obtained by deducting 7% of the management expenses under the name of the management expenses during the course of business custody for the victim; and (c) used it arbitrarily for the company operation funds, etc. around that time; and (d) used the same method from around that time to November 2014 by using the same method, the sum of six transport funds of the six transport funds of the victims, including the victim, as indicated in the list of crimes.

B. The judgment of the court below is based on the evidence submitted by the prosecutor after explaining the legal principles as stated in its holding. The court below is the customer and the borrower.

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