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(영문) 부산지방법원 2012.11.09 2012노2215
횡령
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not rent the beam beamline, etc. from C. However, the lower court found the Defendant guilty of the instant facts charged and erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The court below's six-month punishment of imprisonment imposed on the defendant is too unreasonable.

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged of this case is that the Defendant, at the office of the “E” corporation (hereinafter “E”) in the operation of the victim C (hereinafter “E”), around February 2009, leased 35.376 tons of the sn beam 45.376 tons of the market price owned by the victim from the victim during the lease period of 3 months, rent to 35,000 won per ton, and 28 screen 28 won of the market price of 1,260,000 won per ton, for 3 months of the lease period, and 5,000 won per month of rent, respectively, from the victim around February 29, 2009.

On April 21, 2009, the sn beam beam 20.154 tons was delivered, and the sn beam 13.97 tons of the sn beam and 17 screen sn beam 13.97 tons of the sn beam, and around April 24, 2009, the sn beam 11.252 tons of the sn beam, screen 11 of the sn beam sn beam (all the materials received by the Defendant “sn beam, etc. in this case”) were received and used at the construction site.

Of these, the Defendant, while keeping 45.376 tons and 28 sn beam lines in custody of the victim, requested the victim to return the above materials at several times, but around August 16, 2009, embezzled F to F by selling the above 21 ton of 11,654,480 won out of the sn beam beam of the above sn beam lines at KRW 35,280,000, the total market price of the victim’s possession was 35,280,000 won and the sn beam and the sn beam of the sn beam.

B. The lower court’s judgment.

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