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(영문) 수원지방법원 2016.12.22 2016노7081
사기등
Text

The judgment below

The parts, other than acquittal and compensation order, shall be reversed.

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

Reasons

1. Summary of grounds for appeal;

A. In light of the facts charged by the prosecutor 1) mistake of facts and misapprehension of legal principles-guilty part, and the timing of the crime of occupational embezzlement of this case and the fact that the user of money acquired through the crime is different from that of the crime of occupational embezzlement of which judgment became final and conclusive, the facts charged of each of the of the of the of the of the of this case was executed differently from the crime of the above final and conclusive judgment, and is not in a relationship between the crime of the above final and conclusive judgment and the comprehensive crime. Therefore, even though the effect of the final and conclusive judgment does not reach the facts charged of each of the of the of the above crimes of occupational embezzlement of this case, the court below acquitted the Defendant on the ground that the facts charged of each of the above crimes of occupational embezzlement of this case constitutes a relation between the crime of the above final and conclusive judgment and the crime of comprehensive crime. 2) The court below erred by misapprehending the facts or misapprehending the legal principles on the comprehensive crime.

B. The guilty portion of the defendant-guilty (excluding the parts related to amnesty and compensation order) that the court below rendered is too unreasonable.

2. Determination

A. On November 201, 2010, the summary of this part of the facts charged is as follows: (a) the Defendant entered the victim F comprehensive construction company with E representative director from August 29, 2012 to December 31, 2013; and (b) was engaged in financial and labor affairs, etc.; (c) the victim FF comprehensive construction company, from December 10, 2012 to October 25, 2013, performed the work of I Hospital that the victim FF comprehensive construction was ordered from H from the G medical corporation from the Silsung City to October 25, 2013; (a) the Defendant received a promissory note from the above H around November 29, 2013 as the construction cost for the "M construction", which is the subcontractor company of the victim company; and (d) around January 24, 2014, the Defendant received the promissory note from the victim company, and around December 14, 2014.

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