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(영문) 인천지방법원 2018.02.14 2017노3386
횡령
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding and misapprehension of legal principles do not directly entrust the slaughter and sale of the meat from the victims, but directly purchased the meat from the victims. Thus, even if the Defendant did not pay the land to the victims, embezzlement is not established.

B. The sentence sentenced by the lower court to the Defendant (two years of suspended sentence for one year of imprisonment and 80 hours of community service order) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is a person who operates F Co., Ltd., Ltd., located in building 701, Nam-gu, Incheon.

1) On July 10, 2015, the Defendant: (a) received an entrustment from the victim G to slaughter and sale of the meat in the mutual infinite Y H (hereinafter referred to as “J”); (b) concluded that the Defendant would receive the victim’s land price as a commission; and (c) on August 25, 2015, the Defendant received 9 mare from the victim’s sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat s at around the same month.

2) On September 2015, the Defendant committed the crime against the victim L, who was entrusted with the slaughter and sale of the said meat owned by the livestock raiser from the person who was a livestock farmer in the victim L operation livestock farm at the time of the second half of the year, on the commission of the said victim, to slaughter and sell the said meat, and the victim had the price of the meat, and the Defendant collected by-products from the slaughter.

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