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(영문) 부산지방법원 2017.09.01 2016노5143
횡령
Text

The judgment of the court below is reversed.

The sentence of each sentence shall be suspended against the Defendants.

Reasons

1. The court below found the Defendants guilty of the facts charged of this case even though the Defendants did not have intention to acquire embezzlement or intent to obtain illegal enrichment. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

2. Determination

A. The court below rejected the Defendants’ assertion in detail on the grounds for appeal in the lower court’s determination as to factual mistake. In addition, the court below’s determination in detail with the Defendants’ assertion and its determination on “a summary of evidence” was examined, and the following circumstances are revealed by the evidence duly admitted and investigated by the court below and the trial court. In other words, the Defendants’ request for return of the operating fund of the Busan City branch, which was kept in their custody around April 1, 2015 by “E who was appointed as the president of the Busan City branch by the Corporation,” but the Defendants did not appear to have been able to have been aware of the Defendants’ demand for return of the operating fund of the Busan City branch, which was owned by the Plaintiff at the time of its refusal to return the funds to the Busan City branch’s own account, rather than the Plaintiff’s request for return of the funds to the Busan City branch’s original branch’s own funds at the time of its refusal to return the funds to the Busan City branch’s own account.

see.

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