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(영문) 대법원 1982. 2. 23. 선고 81도2371 판결
[절도][공1982.5.1.(679),397]
Main Issues

Disposition of sold sales slips and intent of unlawful acquisition;

Summary of Judgment

If the buyer collected a ship from the date of the contract and instead did not communicate otherwise, it is likely that the ship will be sold and disposed of as it is, and if the balance remaining after deducting the introduction fee from the purchase price was deposited in agricultural cooperatives, it cannot be deemed that the Defendant had the intention to obtain unlawful acquisition.

[Reference Provisions]

Article 329 of the Criminal Act

Escopics

Defendant 1 and one other

upper and high-ranking persons

Prosecutor (Defendants)

original decision

Gwangju District Court Decision 80No1724 delivered on June 12, 1981

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the reasoning of the judgment below, the court below held that Defendant 1 sold Ga, which was depthed in his own dry field, to the non-indicted 2. The non-indicted 1, who agreed to sell Ga to the non-indicted 1. It was not possible to comply with the delivery date because the non-indicted 1 sold Ga to the non-indicted 1. The non-indicted 1. The non-indicted 2.0 billion won of this case did not constitute a violation of the rules of evidence, and the non-indicted 2.0 won of this case could not be found for the non-indicted 2.0 won of this case to the non-indicted 2.0 won of this case to the non-indicted 2.1.31, 1980, the non-indicted 1's dry field was sold to the non-indicted 1. The non-indicted 2. The non-indicted 1's non-indicted 1.0 won of this case's non-indicted 1's non-indicted 1.0 won of this case's non-indicted 1.

Ultimately, the appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)

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심급 사건
-광주지방법원 1981.6.12.선고 80노1724