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(영문) 의정부지방법원 2019.10.25 2019노1659
사기등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the following reasons, the Defendants’ assertion of misunderstanding of facts as to the embezzlement by the Defendants did not recognize the intent of unlawful acquisition of the gold punishment as stated in this part of the facts charged, but the lower court found the Defendants guilty of this part of the facts charged, and accordingly, asserts that the lower court erred by misapprehending the facts.

1) The Defendants transferred gold papers, which were kept by the Defendants for the victim before January 16, 2018, to JA is likely that creditors of C would take measures such as preservative measures against the said gold papers, and merely transferred them for the victim. 2) Moreover, the Defendants transferred gold papers to J after January 16, 2018 with the consent of the victim.

3) Furthermore, since there is no specification as to whether the Defendants transferred a few of the gold punishment to J, the gold punishment that the Defendants embezzled does not specify. B. The lower court’s judgment’s allegation of unfair sentencing by Defendant A (two years and two months of imprisonment) is too unreasonable.

2. Judgment on the misunderstanding of facts as to the Defendants’ embezzlement

A. The summary of this part of the facts charged is Defendant A’s representative director, Defendant B is the director of this company, and Defendant H was requested and supplied to C to a company that manufactures and sells plastic furniture, etc.

When the operation of C has become difficult, around January 16, 2018, the Defendants discussed 85 gold-type 85 (1,739,665,000) purchased 50% of the 50% of the 50% of the 50% of the 50% of the 50% of the 50% of the 50% of the 50% of the 1,195,056,500 of the 1,056,500 of the advance payment received from the 1,05,056,50 of the 2016, and the 1,195,056,50 of the 1,195,50 of the above advance payment to the victim.

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