(영문) 수원지방법원 2017.09.15 2017노1813 | 리걸엔진

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(영문) 수원지방법원 2017.09.15 2017노1813

횡령

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The judgment of the court below is reversed.

The defendant shall dismiss the application filed by the applicant for compensation.

. The judgment against the defendant;

Reasons

1. On November 20, 2013, the gist of the grounds of appeal 1) Defendant 1’s mistake of the facts (as to the conjunctive facts charged), the Defendant concluded an investment agreement with the victim on November 20, 2013 with the instant motherel, and informed G and H of the fact that he borrowed money from G and H as security and that he agreed to set up a collateral on the instant motherel and its site.

(2) The sentence of the lower court (eight months of imprisonment) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. On November 20, 2013, the summary of the facts charged (the facts charged in the preliminary charge) stated in the Defendant’s argument that the Defendant was guilty of the facts. On November 20, 2013, the Defendant agreed that: (a) the victim C and the Defendant, a sum of KRW 400 million, borrowed from the Defendant to the victim, shall invest in the large wartime D, E, F land and its ground, and (b) the Defendant transferred the shares of KRW 27.58% in relation to the instant telecom and its site to the victim; and (c) the Defendant did not arbitrarily dispose of the instant telecom and its site without the victim’s consent; and (d) the Defendant agreed that the profits accrued from the instant telecom and its site shall be divided according to the above ratio of shares.

Although the Defendant should not arbitrarily dispose of the instant telecom and its site in accordance with the foregoing agreement, on November 21, 2013, in violation of the foregoing duties, the Defendant created a right to collateral security with the maximum amount of KRW 120 million in the name of the instant telecom and its site, each of the instant telecom and the right to collateral security with the maximum amount of KRW 120 million in the name of the right to collateral security, which is set up in the name of the right to collateral security with the maximum amount of KRW 70 million in the name of the right to collateral security in the name of the right to collateral security, thereby obtaining economic benefits equivalent to 27.58% of the maximum

2) The lower court, based on its stated reasoning, has the duty to refrain from arbitrarily disposing of the instant telecom and its site in relation to the victim’s relationship.

유사 판례

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-청주지방법원 2021.01.26 2018고단2270

-울산지방법원 2016.08.09 2015고단85

-대구지방법원 2016.04.22 2015노2067