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(영문) 수원지방법원 2015.03.25 2014노7246
배임
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. On December 15, 2014, the Defendant served a written notification of the receipt of the trial record on December 22, 2014, and filed a written statement of grounds for appeal stating only unfair sentencing. On January 5, 2015, the court rendered a decision to appoint a state appointed defense counsel for the Defendant, and then served the written notification of the appointment and the receipt of the trial record to the said state appointed defense counsel on January 7, 2015. The said state appointed defense counsel submitted a written summary of the oral argument stating that only the said written notification of the appointment and the receipt of the trial record was presented on January 14, 2015.

Since the above state appointed defense counsel has additionally asserted misunderstanding of facts and misapprehension of legal principles on February 6, 2015, this part of the argument is only after the lapse of the period for submitting the statement of grounds of appeal, and it is not necessary to determine unless there is any reason to ex officio investigation. However, this part of the argument is reversed ex officio by accepting

The Defendant in the facts charged is a person who purchased a 302-dong 601, Gyeonggi-gu D apartment in the name of Gyeonggi-gu around 2008, and leased the above apartment to the victim E on October 12, 2010.

On October 12, 2010, the Defendant entered into a lease contract with the victim on a deposit deposit of KRW 80 million, from October 29, 2010 to October 29, 2012, at the G Licensed Real Estate Agent Office located in Gyeonggi-si F, the Defendant paid the remainder of the above apartment and received ownership from the Korea Housing Promotion Co., Ltd., the Defendant made a move-in report to the victim by notifying the victim of the acquisition of ownership as soon as he paid the remainder of the apartment and received ownership from the Korea Housing Promotion Co., Ltd., the Defendant made a move-in report to the victim, and made the Defendant obtain the opposing power next to the first-class collateral security of the creditor bank, which made a loan of KRW 147 million to the Defendant with a fixed date.

The Defendant entered into the aforementioned lease contract and received 8 million won from the victim on October 12, 2010, respectively, and 72 million won on October 29, 2010, respectively, from the victim, according to the terms and conditions of the contract.

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