(영문) 수원지방법원 2016.10.06 2016노4253 | 리걸엔진

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(영문) 수원지방법원 2016.10.06 2016노4253

업무상횡령

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles and victim D decided to distribute the profits when the former is completed after each of the following businesses was conducted by supplying the Defendant’s fish farming from the aquaculture received from the aquaculture to the customer known by the Defendant, or by supplying the Defendant’s natural mountain fluor, on the part of the Defendant’s ordinary trade.

Therefore, it cannot be deemed that the Defendant, who was in an equal relationship with the victim, received the sales proceeds from the customer, is delegated to the victim for business affairs. Even if the Defendant was entrusted with business affairs by the victim, the sales proceeds received from the customer remains in the settlement procedure between the Defendant and the victim, and the said sales proceeds cannot be readily concluded as owned by the victim.

Nevertheless, the judgment of the court below that found the defendant guilty of the facts charged in this case on the ground that the defendant had a relationship of custody of the victim's property is erroneous and erroneous.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. The money received from a third party on behalf of a delegating person based on the act is identical to the money that was received by the delegated person for the purpose or use only, and, barring any special circumstance, the money falls under the ownership of the delegating person at the same time as the money was received by the delegated person, and the delegated person is in the relationship of keeping the money for the delegating person.

Therefore, the delegated person, as in the case of the entrusted money, received from a third party for the delegating person on the basis of the act, shall not use it in accordance with the purpose of the delegation, and shall withdraw and use it for personal use as well as for the entrusted money.

유사 판례

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-서울남부지방법원 2012.12.27 2012노1561

-수원지방법원 2020.08.24 2020노772