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(영문) 창원지방법원 2014.10.30 2014노1786
횡령
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant A asserts that the punishment of the lower court (one year of imprisonment) is too unreasonable.

B. Defendant B’s misunderstanding of facts argues that the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, although Defendant B knew of the H beam 207.2 tons of the instant H beam (hereinafter “the instant sn beam”) as owned by Defendant A, and did not know of the fact that the sn beamline was the stolen goods, Defendant B did not know of the fact that the sn beam beam beamline was the stolen goods.

C. The Prosecutor asserts that the form of the lower court is too uneasible and unreasonable.

2. Determination

A. 1) The facts charged are those who conduct the business of collecting and selling scrap metal in the name of O from Ulsan-gun N, Ulsan-gun, and Defendant B received the request from Defendant A to sell the sn beam owned by the victim K Co., Ltd. (Representative L) from the J at the early of March 2014. Accordingly, Defendant B, from around 17:00 on April 11, 2014 to around 18:00 of the same month, transferred the sn beam beam in the instant case owned by Defendant B to the 60 sn beam beam in the sn beam line in Busan-si, and then transferred the sn beam beam in the sn beam line ( approximately 10,3960,000,000 won to the sn beamline in the sn beam line in order to sell the sn beam in the sn beam line to the sn beam line in light of the fact that Defendant B received the sn beam from the sn beam in the instant case.

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