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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2014.03.27 2013노4879
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) Part 15 of the sales contract in the judgment of the court below (hereinafter “each sales contract of this case”).

(1) The Defendant is H Co., Ltd. (hereinafter “H”).

(2) The sales contract of this case was received in return for the waiver of the expected construction profit, and the ownership of the Defendant was immediately transferred to the Defendant. Accordingly, each of the sales contract of this case was not “other’s property” but “the Defendant’s property” and was not kept for the victim. If the victim simply stores the Defendant with the ownership of each of the sales contract of this case, the Defendant did not agree to the custody of each of the sales contract of this case until the termination of the agreement that the Defendant would have agreed to transfer H. (2) The custody certificate of April 16, 2010 prepared by the Defendant (in the face of No. 22 of the investigation record, hereinafter “the custody certificate of this case”), notwithstanding its name, should be viewed as “the receipt” rather than the relation to the custody of another’s property.

The purport of the latter part of the custody certificate of this case is that once the defendant acquired ownership of each of the sales contracts of this case and returned part of each of the sales contracts of this case which was already acquired through additional settlement, or paid the construction price additionally by the victim.

3) The Defendant Company G (hereinafter “G”) in the transferor’s corporate sense and confirmation column in blank in the form of each of the instant sales contracts that the Defendant received from the victim, and in the form of succession to duties, the transferor’s corporate body and confirmation column.

The official seal of the representative director is affixed, and the defendant received up to 15 copies of a certificate of seal impression from the victim, and as at the time of issuance of the above contract, J was also present. The victim has already been aware that the contract for sale will be offered as security to the creditor, in particular, because the defendant bears the construction cost at the time of issuance of the contract for sale.

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