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(영문) 서울서부지방법원 2013.07.16 2013노9
재물은닉
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, was instructed by F, the representative director of C apartment building, to keep the instant passbook, etc., and did not conceal it as stated in the facts constituting the crime.

B. The lower court’s sentence of unreasonable sentencing (fine 2,00,000) is too heavy.

2. Determination:

A. According to evidence duly adopted and examined by the lower court and the first instance court, the Defendant filed a complaint on the assertion of mistake of facts: (a) from May 1, 2008 to March 18, 2010; (b) at the same time, the employee of D, who was entrusted with the management of the instant apartment from May 1, 2008 to served as the managing director of the instant apartment; (c) at the same time, F, the representative president, at the time of December 2, 2009, discovered the fact that H, a former representative president, embezzled public funds from the apartment; and (d) ordered the Defendant to collect and report relevant data, such as the head of the passbook; and (e) the Defendant arranged the foregoing data based on the head of the instant passbook, etc.; (e) the Defendant embezzled H from the instant apartment on the ground that the instant apartment was an accomplice of H’s embezzlement; and (e) the Defendant also made a complaint against the Defendant’s dismissal of 20 years from the instant apartment on the ground that it was an accomplice’s accomplice of 181 to the record.

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