(영문) 대전지방법원 2015.10.06 2015노733 | 리걸엔진

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(영문) 대전지방법원 2015.10.06 2015노733

업무상횡령

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which acquitted the defendant of this part of the facts charged, is erroneous in the misunderstanding of facts, even though the defendant either disposed of or refused to return the victim's typology with the intention of unlawful acquisition.

B. The lower court’s sentencing (six months of imprisonment and two years of suspended sentence) is too uneasible and unfair.

2. Judgment on the assertion of mistake of facts

A. A. A summary of the facts charged in this part of the facts charged: (i) On January 2012, the primary Defendant embezzled one of the “FX203B” installed in the D Company’s parking lot in accordance with the agreement entered in the facts charged in the lower judgment with the victim and embezzled it by arbitrarily removing two of the market price of KRW 260,000, which was installed in the D Company for the victim, and attaching it to other forking vehicles. (ii) On July 2012, the Defendant of the ancillary facts charged: (a) arbitrarily removed two of the tyes installed in the D Company’s parking lot and used it by attaching it to another forking vehicle; and (b) even if requested by the victim to return it, the Defendant embezzled it by failing to return it.

B. The following circumstances acknowledged by the records of this case, namely, ① the Defendant leased the vehicle to another person without receiving a separate fee to pay the profits therefrom to the victim. ② The victim appears to have been aware of the fact that the Defendant used it for rent, etc. by mixing the vehicle to be owned by the victim and the vehicle to be owned by the Defendant. ③ The victim did not confirm the lease situation or repair details or request the submission of evidentiary data for confirmation to the Defendant after entrusting the Defendant with the vehicle to be owned by the Defendant. ④ Various necessary expenses entered in connection with the lease of the said vehicle to be owned by the Defendant are one of its own funds, etc.

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