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(영문) 울산지방법원 2016.01.15 2015노500
장물양도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant and the PUMA-280 Mining Center (hereinafter “instant machinery”) concluded a security contract; (b) the Defendant did not pay all the agreed factories and machinery usage fees, except for the first month; (c) G did not mean that the instant machine is owned by effective capital; and (d) the Defendant acquired the instant machinery in good faith by seeking adequate advice from the attorney before disposing of the instant machinery.

Since the defendant thought and sold, there was no awareness of illegality and there was a justifiable reason for such mistake, so the court below found the defendant not guilty on the ground of the mistake of law as stipulated in Article 16 of the Criminal Code, but there was an error of misunderstanding of facts and misunderstanding of legal principles.

2. We examine the judgment of the court below. The defendant asserted the above purport at the court below. The court below rejected the above argument from 3 pages 13 to 19 on the following grounds: (a) according to the security contract for the machinery of this case concluded on June 24, 2009 between the defendant and F (hereinafter "security contract of this case"), the defendant lent F KRW 140 million to the defendant, and F shall provide the machinery of this case as security, and F shall pay the defendant KRW 4.6 million monthly rent and monthly rent for the factory and machinery, and if F violates the purpose of the contract or fails to perform the contract, the defendant will dispose of the machinery of this case for recovery three months after the date of the contract; and (b) the defendant will dispose of the machinery of this case for the purpose of collection; and (c) the defendant will pay the FF and the construction fee of this case for the purpose of the contract of this case as a total of KRW 4.6 million under the security contract of this case.

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