beta
Text
Defendant
The appeal is dismissed.
Reasons
Summary of Grounds for Appeal
Since the Defendant is a scarp antenna and other accessories installed in the instant bus are owned by the Defendant, since the scarp antenna and other accessories installed in the instant bus are owned by the Defendant, even if the Defendant voluntarily removed them, the crime of embezzlement is not established even if the Defendant brought about the removal.
Of the goods stated in the facts charged in the instant case, the Defendant did not bring about scarp antenna, ampample-, ampample-, ample-, ample-, ample-, and amper-out
E Pre-person H is allowed to bring about personal goods owned by the Defendant, and only bring about the Defendant's live goods at his own expense.
The sentencing of the court below's decision on unfair sentencing (1.5 million won of fine) is too unreasonable.
Judgment
The defendant alleged that the crime of embezzlement is not established against mistake of facts, and operated the bus by leaving the bus into the company.
Even if the defendant agreed to hold a bus ownership between the company, it is owned by the company as the registered titleholder, and the goods attached at the time of purchase are also owned by the company, unless there are special circumstances such as the defendant's agreement to hold a bus ownership between the company.
(See Supreme Court Decision 85Do899 delivered on September 10, 1985). In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the bus is registered in the name of E in the register of automobiles (Evidence No. 14 pages), and the Defendant acquired the bus of this case which was entered into E from I, and the Defendant received from I at the time of receipt of the bus of this case in the form of both vial, ampap, antenna, micro, and cold and hot water supply devices, and there is no agreement between the Defendant and E to deem that the bus of this case was owned by the Defendant, unlike the Defendant, even if the Defendant used the bus of this case by leaving the bus of this case into E, the bus of this case and this.