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(영문) 광주지방법원 2017.05.17 2016노3866
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not refuse to return the sirens from the victim C Co., Ltd. (hereinafter “the victim of the instant massage”) and embezzled them.

2. According to the evidence duly adopted and examined by the lower court, the Defendant left a siren on October 17, 2014, but did not pay a siren after paying a siren on November 11, 2014, and thus, the Defendant is subject to termination of the siren contract from the victim C, and the Defendant requested the return of the massage, despite being asked to return it, it can be sufficiently recognized that the Defendant refused the return. Thus, the above assertion by the Defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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