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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2014.01.09 2013노2583
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant used the above vehicle with the permission of the employee D of the victim company to continue to use the vehicle of this case (C) and did not refuse to return the vehicle. However, the court below found the defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. The judgment of embezzlement is established when a person who keeps another’s property embezzleds the property. The embezzlement as a constituent element of embezzlement refers to any act of realizing the intent of unlawful acquisition and thus, if a person who possesses another’s property commits an objective act that can be perceived from outside with the intent of changing the possession into one’s possession, then the crime of embezzlement is established for the entire property (see Supreme Court Decision 2004Do5904, Dec. 9, 2004). According to evidence duly adopted and investigated by the court below, the Defendant leased and used the instant vehicle from the victim company on July 18, 2012 and continued to use the said vehicle as if he/she own the said vehicle without a justifiable reason, and thus, the Defendant’s assertion of mistake of facts cannot be justified.

The victim's employees D stated in the investigative agency that the defendant did not allow the defendant to continue to use the pertinent car, and the defendant continued to use the pertinent car with the knowledge that all of the car usage fees of this case can be returned, but the defendant was liable to return the car to the victim company. However, even if the defendant was liable to pay the return of the car and the usage fees, the vehicle of this case by mistake.

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