(영문) 수원지방법원 2016.06.16 2016노201 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2016.06.16 2016노201

횡령

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misapprehension of legal principles, ① Defendant and Victim F did not have the position of “a person who administers another’s business,” who is the subject of breach of trust, in relation to the victim, as the Defendant did not have the position of “a person who administers another’s business,” as the subject of breach of trust, for the purpose of securing the claim against C.

② Since the Defendant transferred the game room to G in KRW 100 million to a reasonable price, the Defendant suffered a loss equivalent to KRW 50 million to the victim.

shall not be deemed to exist.

③ When the Defendant was unable to pay the difference of the building of the above game site because the control over the illegal game site was difficult, the Defendant transferred the above game site by deeming that his claim cannot be recovered through the operation of the above game site. Therefore, the Defendant did not intend to acquire the intent of breach of trust or illegal acquisition.

④ At the time the Defendant transferred the above game room to G, the actual operator of the interest of the said game room building was not the Defendant but the J.

⑤ After the Defendant transferred the above game room to G, the defective victim’s refusal to receive at least KRW 50 million for the reason that he/she would bring about at least KRW 60 million among the transfer proceeds to the victim. As such, the victim impliedly consented to the transfer of the above game room.

must be viewed.

Therefore, even though the defendant did not establish the crime of breach of trust, the court below erred by misapprehending the facts and misapprehending the legal principles.

2) The sentence sentenced by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

B. Prosecutor - The above sentence sentenced by the lower court is too uneasible and unfair.

2. Determination

A. Judgment on the misunderstanding of facts and misapprehension of the legal principles 1) the summary of the public prosecutor’s office.

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