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(영문) 인천지방법원 2016.09.28 2016노2484
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact-misunderstanding victim dismissed the defendant from the chief general secretary without the resolution of the operator's meeting. Thus, it is not effective that the defendant resisted the defendant to withdraw from the carbook in the above car page, but the defendant did not intend to withdraw from the membership fee actually, and is still in the position of keeping the membership fee as the chief secretary of D.

I think, since the above mountain conference membership fees manager is not the victim but the principal secretary, the victim is not entitled to request the return of membership fees, and there is no explicit refusal of return by the defendant, so the defendant's act does not constitute embezzlement, but did not have the intention of intentional or unlawful acquisition of embezzlement.

Nevertheless, the lower court erred by misapprehending the legal principles as to guilty.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. The Defendant also asserted the same assertion in the lower court, and the lower court determined that the Defendant’s act constitutes an embezzlement and constitutes an intentional act, as stated in its reasoning, under the title “determination on the Defendant’s and his defense counsel’s assertion.”

In a thorough examination of the records of this case, the above judgment of the court below is just and there is no error in the misapprehension of the facts alleged by the defendant.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the defendant's primary offense with no criminal history, and that the damage appears to have been recovered at the investigation stage.

However, the judgment of the court below already considered the favorable circumstances of the defendant, and there are no special changes in the circumstances to be reflected in the sentencing in the court below. The records of this case, such as the defendant's age, sex, occupation and environment, motive and circumstance leading to the crime of this case, and circumstances after the crime, etc.

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