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(영문) 대구지방법원 2016.06.03 2015노2780
횡령
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for four months.

However, from the date this judgment becomes final and conclusive, each one year.

Reasons

1. Summary of grounds for appeal;

A. In fact, at the time of the Defendants’ share of the instant compensation money, E community members were only the Defendants, and the Defendants cannot be the subject of embezzlement because they were not the custodian of the compensation money, and there was no intent to commit embezzlement.

B. The sentence sentenced by the lower court to the Defendants (six months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination

A. The lower court duly admitted and examined the allegation of facts as follows: ① Defendant B was at around 1950, and up to 200,000 directors of E (Seoul-gun D Village). The above Defendant had been operating the E System as its leader (Evidence No. 150) since the 1950, up to 30,000, the E System No. 4 was 60,000,000,000,000, and the E System No. 1 was 60,000,000,000,0000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,00,000,00,00,00).

J. include K, K.

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