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(영문) 광주지방법원 2018.11.07 2018노847
배임수재등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding (the point of misappropriation) Nos. 50 per annum of crime sight table as indicated in the judgment of the court below: the defendant received clothes from the victim's friendship with the two uniforms, and there is no fact that the defendant received clothes in return for an illegal solicitation from the victim.

2) On No. 55 per annum of crime sight table as indicated in the judgment below: The Defendant did not know whether the victim paid additional KRW 1280,000 to a siren operator in the course of towing a vehicle through a siren operator introduced by the injured party, and thus, the Defendant did not have any awareness of whether the victim paid additional KRW 1280,000.

In addition, one victim is to return the above 1.2,00,000 won from a rental car company later, so it cannot be considered as a flood amount.

3) On No. 66 per annum of crime sight table in the holding of the court below: The FF High School Camp Corporation was arbitrarily conducted by parents such as victims, and there is no fact that the defendant was involved, and there is no fact that the defendant received money in return for an illegal solicitation.

4) On No. 73 per annum of crime sight table in the holding of the court below: The defendant received health arms from the injured party; however, since the injured party delivered them to the defendant with the mind of auditing the arms received from the previous defendant, it is not received in exchange for an unjust solicitation.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, the additional collection of KRW 1,971,718) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below and the court below, the defendant and the court below met the crime sight table No. 50 per annum, and the judgment of the court below, the victim visited the P standing room located in the Daejeon-gu P standing room operated by the victim's friendship with the defendant. The victim visited the victim's friendship P standing room, the victim's 174,505 item's clothes 174,500 won, pww15413 item's clothes 152,00 won, and 326.

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