(영문) 대구지방법원 2017.02.03 2016노4232 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2017.02.03 2016노4232

횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1’s mistake of fact (guilty guilty) uses 40 million won with the consent of the victim, and does not constitute embezzlement.

However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. In full view of the evidence submitted by the Prosecutor 1, it is sufficiently recognized that the Defendant was in custody of each of the lease deposits of this case for the victim.

However, the lower court erred by misapprehending the fact that the lower court acquitted each of the facts charged, thereby adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.

In the trial of the trial of the court, the prosecutor applied for changes in the indictment with respect to each of the facts charged in this case as follows, and this court permitted this, and the judgment of the court below cannot be maintained as much as the subject of the judgment is changed.

However, the defendant's assertion of misunderstanding the facts is still subject to the judgment of this court, which will be examined below despite the above reasons for reversal of authority.

[Revised facts charged] The Defendant had lived with the victim C from June 2012 to around three months.

1. On August 30, 2013, the Defendant entered into a sales contract with the F and G division for the purchase price of the pertinent land at KRW 218 million on the same day upon receipt of a request from the injured party to sell and purchase the EY 39 square meters, which is owned by the injured party, at the victim’s residence located in Daegu-gu, Daegu-gu. D. on the same day.

After that, on September 2, 2013, the Defendant is the interest for the transfer income tax and the balance from G at the I certified judicial scrivener office located in Yongcheon-si, Young-si.

유사 판례

-대구지방법원 2017.02.10 2015노4748

-서울고등법원 2017.10.19 2017노2349

-대구지방법원 2017.02.17 2015노2903

-대구지방법원 2016.07.20 2015노1911

-대구지방법원 2016.06.22 2015노3617