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(영문) 서울동부지방법원 2018.01.26 2017노1513
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. As to the misunderstanding of facts and misapprehension of legal principles, ownership of the deposit that the victims paid to the Defendant (hereinafter “the instant deposit”) is transferred to the Defendant once, and the Defendant is obligated to return to the victims upon termination of the instant contract pursuant to the joint work room use agreement entered into with the victims (hereinafter “instant contract”). As such, the Defendant cannot be deemed as “a person who keeps another’s property” in the crime of embezzlement.

Nevertheless, the court below erred by misunderstanding the facts or misunderstanding the legal principles that found the guilty of this part of the facts charged, which affected the judgment.

B. In light of the various sentencing conditions of this case, the sentence that the court below sentenced against the defendant (6 months of imprisonment, 2 years of suspended execution, 160 hours of community service) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The summary of the facts charged in this part of the charges is the Defendant, from March 2016 to Sungnam-si, Da (D) 705 of Sungnam-si Co., Ltd. (D) and was demoted to the craft while operating the bamboo co-operation room.

around March 31, 2016, the Defendant used a joint work room located in Dtel dtel d. (D) 705 in Seongbuk-gu, Sungnam-si, and recruited members to take part in the deceased craft, and should pay deposits separately from monthly usage fees to the victim E who has been members, as the Defendant installed high-priced equipment in the work room and used it together.

Around March 31, 2016, the first half of the week shall pay a deposit of KRW 4 million, and the half of the week shall pay a deposit of KRW 3 million,00,000,000,000 to the end of the week of the said joint work, and received KRW 4.2 million from the victim E to the Defendant’s account under the Defendant’s name from March 31, 2016, and keep the amount as a deposit, and around April 5, 2016, from the victim F who has been members of the said joint work as above, the Defendant’s name.

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