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(영문) 수원지방법원 2014.09.01 2014노3131
횡령등
Text

All appeals filed by prosecutors and Defendant A shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles are Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”).

U.S. (hereinafter referred to as “U”) holding a limited liability company that leases a flaf vehicle from such company.

(2) Since the judgment of the court below which judged that the name of the vehicle of the mother expenses still remains on the part of the defendant, there was an error of misconception of facts in the decision of the court below that held that the name of the vehicle of the mother expenses still remains on the part of the defendant, and the defendant was paid the lease fee from the victim on the condition that he transferred the ownership of the vehicle of the mother expenses by paying the lease fee in lump sum, and thus the obligation of the defendant to pay the lease fee to the victim in lump sum and acquire the ownership of the vehicle of the mother expenses by transferring the ownership of the vehicle of the mother expenses constitutes another person's business. Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts and the misapprehension of legal principles.

B. The Defendant A’s sentence is too unreasonable.

2. Determination

A. The Prosecutor’s misunderstanding of facts and misapprehension of the legal principles as to the Prosecutor’s misunderstanding of facts

the sales of the Company.

The above Defendant, around December 17, 2012, sold the instant vehicle to the victim E, and the victim paid KRW 21,300,000 to another vehicle equivalent to the market price of KRW 14,200,000,000,000 to the victim as the transfer price, and the above Defendant entered into a contract for the automobile sales with the victim, stating that it will transfer ownership to the victim after full payment of the rent remaining in the modern Capital Capital by January 2, 2013.

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