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(영문) 수원지방법원 2015.03.20 2014노1443
횡령등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of this part of the facts charged even though the defendant arbitrarily purchased goods of KRW 20,089,491 using the victim's card without the victim's consent, and acquired them by deceit. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. Defendant 1) misunderstanding of facts in the judgment of the court below, the part on which the Defendant used money as stated in the ledger of revenues and medical expenses deposited in the Defendant’s account and the part on which the Defendant’s account was used by the victim’s consent. In addition, with respect to the part on which the embezzlement of money was stated, the victim used the body of the Defendant by making the Defendant a about 10 years old, using the Defendant’s body as a sexual-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-no-law.

2. Determination

A. Before the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal of ex officio, and the prosecutor applied for the amendment of indictment with the following facts stated in the facts charged in the instant case. Since the subject of the judgment was changed by this court’s permission, the conviction portion among the judgment below can no longer be maintained.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake of facts against the guilty portion of the judgment of the court below is still the same.

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