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(영문) 인천지방법원 2015.01.14 2014노3654
배임등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a judgment of mistake of facts and misapprehension of legal principles, the Defendant stated that F gave up the acceptance of the company by expressing the intent of F to terminate the contract for acquisition by transfer of the company, and that F has given up the existing company obligations with loans as collateral for buses which are company property, and did not have any intent to commit any act contrary to F.

(2) When the original judgment is rendered on the charge of the crime in Paragraph (1) of Article 2-2-1 of the Criminal Act, the criminal facts of Paragraph (1) of the crime committed during the period after the transfer of the company have been settled, and the criminal facts of Paragraphs (2) through (6) have been carried out by the vehicle repair business entity to make a new transaction after paying the existing repair cost, and there was no intention to obtain money from each credit card price.

(3) At the time of original adjudication, the Defendant did not deception one capital Co., Ltd. and did not have the intent to acquire the loan by deception.

(4) At the time of the original adjudication, the Defendant did not have the intent to embezzled the difference, as the tax data of the company was insufficient to purchase and refund the difference after the excess payment, and used it as the company’s expense.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. In the judgment of the court below, the court below rejected the above assertion in detail on the defendant's assertion and its determination under Paragraph (1) of "the reason for the crime committed" by the defendant in the judgment of the court below, on the ground that the above judgment of the court below is just, and it is not erroneous in the misapprehension of legal principles or in the misapprehension of legal principles, which affected the conclusion of the judgment.

Therefore, the defendant's above assertion is without merit.

(2) The lower court duly adopted and investigated the criminal facts of Article 2-1 (1) at the time of the original trial.

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