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(영문) 의정부지방법원 2015.11.13 2015노666
배임
Text

All appeals filed by the defendant and prosecutor are dismissed.

An application filed by an applicant for compensation in the trial of the party shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of suspended execution for one year of imprisonment, and one hundred and sixty hours of community service order) is excessively unreasonable.

(1) The defendant did not submit a separate statement of grounds for appeal, but filed an appeal on February 10, 2015, and submitted a deposit as reference documents on February 12, 2015, and stated an unfair sentencing as grounds for appeal on the date of the first trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial, etc.

1) In full view of the evidence and circumstances submitted by the prosecutor of mistake of facts (as to the portion of innocence at the time of original trial), the contract concluded by the defendant on August 31, 2010 with the victim D is a conclusive accord and satisfaction agreement to substitute the existing obligation as the down payment and intermediate payment of the sales contract of the commercial building of this case, and it is obvious that the act of disposal of the defendant's commercial building of this case constitutes a crime of breach of trust, but there is an error of law that affected the conclusion of the judgment by mistake of facts, etc.

2. Judgment on the prosecutor's assertion of misunderstanding of facts about the acquittal portion in the original adjudication

A. A. Around August 31, 2010, the summary of the facts charged by the Defendant agreed that D will substitute the contract amount and the first intermediate payment of D’s KRW 150,000,000,000,000,000,000 which paid the Defendant’s debt to H by subrogation on June 25, 2010, and the interest amount of KRW 25,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

After that, on April 25, 201 and April 26, 2011, the Defendant received a remittance of KRW 20 million in total, respectively, of KRW 10 million from the second intermediate payment as of April 25, 201 and KRW 10 million.

Therefore, the Defendant was obligated to receive the remainder of intermediate payments and the remainder from D and transfer ownership of the above 104 and 105 to D at the same time.

Nevertheless, the Defendant violated the above duties, and around December 10, 2012, the above 104.

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