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(영문) 울산지방법원 2016.11.02 2016고단2186
횡령
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The summary of the facts charged in this case was that the Defendant leased the dry field owned by the Defendant from March 2, 201 to February 28, 2014, owned by the Defendant in Ulsan-gun, Ulsan-gun, to the victim E., and the victim leased the dry field from the Defendant for the said dry field and was in charge of planting 130 pine trees out of the said dry field, and on March 11, 2014, the Defendant applied for the confirmation of production of pine trees to the Ulsan-gun, Ulsan-gun, for the transfer of the said pine trees after the lapse of the lease period. However, the Defendant did not consent to the removal of pine trees to the Ulsan-gun, and the Defendant did not transfer the said pine trees.

At around 15:00 on April 9, 2015, the Defendant arbitrarily sold 90 million won of 130 pine trees and embezzled them to F with no 130 pine trees and remaining 90 million won.

2. Determination

A. According to the evidence duly admitted, the Defendant and the victim prepared a letter (i) containing the following: (ii) the victim’s planting 130 pine trees from March 28, 201 to March 201; (ii) around February 28, 2013, stating that “the victim shall transplant all the pine trees planted on the Defendant’s land to another place until February 28, 2014; and (iii) the Defendant shall not raise an objection even if the Defendant did not dispose of pine trees by any means; (iv) the victim failed to transplant pine trees after the lapse of February 28, 2014; and (v) the victim did not take any measures such as seeking understanding on the non-performance of each of the commitments in the above letter as of February 28, 2014.

B. In light of the above facts, the text of the instant statement, and the principle of interpreting “the Defendant’s interest in the event of doubt,” etc., there is no room to deem that the Defendant acquired the right to dispose of the instant pine trees upon the lapse of February 28, 2014, at least, the Defendant acquired the right to dispose of the instant pine trees.

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