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(영문) 서울동부지방법원 2016.02.17 2015노1172
업무상배임
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not receive a consignment of custody of the custody of the custody of the custody, and even if so, was entrusted.

Even if the defendant had already been removed from the apartment of this case before this case, the defendant's response does not constitute "work for victims".

B. The lower court’s sentence (6 months of imprisonment and 1 year of suspended sentence) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The following facts are acknowledged according to the evidence duly admitted and examined by the court below.

(1) D et al. subcontracted the interior project for the new apartment construction project in Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City, or entered into a contract for the supply of goods related thereto. The foregoing interior project was completed around June 1, 2008.

(2) Around May 208, 2008, the ownership of the above C Apartment Co. 703 (hereinafter “the apartment of this case”) acquired the ownership of this case by the representative of the Dispute Resolution Co. 702, respectively. At the time D et al. demanded the payment of the price for the above D et al., and possessed and managed the apartment of this case.

(3) A representative of a construction business operator, etc. under the interior test

DFE shall entrust H on June 1, 2008 with the storage of the apartment of this case, which is the object of custody.

“The certificate of trust for storage of custody,” including the content of “the certificate of trust for storage,” and “M and I, around June 1, 2008, move the possession of the instant apartment to DFE for the purpose of exercising the right of retention.

D et al. entrusted the custody of the retained water to H, and the M and I agree to directly occupy and use and benefit from the retained water by a person designated by H or H.

“Preparation of “A letter of consent to possession and use of and benefit from custody” containing the content of “the possession and use of and benefit from custody.”

(4) The I made a written transfer contract to D, and D made a move-in report on July 25, 2008 on the instant apartment.

(5) D) April 1, 2009 to J. 1.

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