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(영문) 인천지방법원 2013.04.12 2012노3200
횡령
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The gist of the grounds for appeal is that the punishment of the court below 1 and 2 (6 months in prison) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the first instance court rendered a judgment ex officio, as the Incheon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch of the first instance court (hereinafter referred to as the "the first and the second instance court") to jointly deliberate on each of the above appeals cases. The first and the second instance court rendered a decision that each of the above appeals shall be tried and sentenced to a single punishment at the same time in accordance with Article 38 of the Criminal Act. In addition, the first and the second instance court did not permit the amendment of each of the facts charged as stated below.

3. In conclusion, the first and second original judgments are reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and the first and second original judgments are reversed, and they are again decided as follows, through pleading.

Punishment of the crime

The defendant is the representative director of C of a corporation, which is a semiconductor chain producer, located in the Si interest center B.

1. On December 28, 2010, the Defendant: (a) around December 28, 2010, at F, a supplier of semiconductor parts in Young-gu E-gu, Suwon-gu, where the victim D is the representative director; (b) KRW 60,142,420, the lease amount the Defendant had not paid to us Capital; (c) when the victim pays instead of us, at the victim’s factory, four strawing machinery in the Defendant’s factory as security for transfer; and (d) the Defendant up to April 30, 201.

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