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(영문) 수원지방법원 2017.08.11 2016노4486
횡령
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. In full view of the evidence submitted by the prosecutor, the Defendant’s statement of the gist of the grounds for appeal is not reliable, and the fact that the Defendant used the discount on the bill at discount for the victim (hereinafter “the discount on the bill of this case”) at will for the payment of the Defendant’s obligation is sufficiently recognized without the consent of the victim.

2. The lower court’s determination 1) on the grounds stated in its reasoning, based on the evidence submitted by the prosecutor alone, that the Defendant arbitrarily consumed the discounted bill of this case against the victim’s will, as stated in its reasoning, since the possibility that the Defendant, like the Defendant’s statement, could not exclude the possibility that the Defendant would be granted a grace period for one week against

It is difficult to conclude it.

The decision was determined.

2) In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court’s determination of the lower court acknowledged the Defendant’s arbitrary consumption of the instant discount amount against the victim’s will.

(1) The defendant used the discounted bill of this case to pay his/her liability to the defendant at his/her discretion without the consent of the victim in advance by police and prosecutions.

Then, the victim made a statement (see, e.g., 7, 16, 54 of the evidence record) and the court below held that the payment of the discount of the bill of this case was deferred in advance for one week.

The Defendant’s statements were reversed (see, e.g., 28th of the trial records). Such Defendant’s statements are difficult to believe without consistency.

(2) A witness E is only required to use the discounted bill of this case for one week in advance to the principal or the victim at the request of the victim.

No fact was stated, and the victim stated that he did not permit it (see, e.g., 55,58-59 of the trial records). ③ The Defendant’s wife F.

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