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(영문) 서울중앙지방법원 2017.12.15 2016노5220
컴퓨터등사용사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. According to the records on the determination of the Defendant’s appeal, even if the Defendant received a notice of receipt of the records of trial around June 22, 2017 after filing an appeal against the lower judgment, and received a notice of receipt of the records of trial around June 22, 2017, and failed to submit the statement of reasons for appeal within 20 days, which is the period for submission of the legitimate reasons for appeal. The petition of appeal does not state

Therefore, Defendant’s appeal should be dismissed by decision pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act. However, insofar as the lower judgment is accepted by the prosecutor’s appeal and the lower judgment is reversed as seen below, Defendant’s appeal does not separately dismiss the Defendant’s appeal.

2. Judgment on the prosecutor's appeal

A. The gist of the grounds for appeal is 1) misunderstanding of facts (1) ① At the time, the Defendant transferred the instant money to the Defendant, even though he was fully aware of the fact that he was dismissed from the office of representative director and that he did not have the necessary authority to conduct electronic financial transactions on the company’s funds; ② the Defendant’s personal store loan was made in an ordinary manner within the scope of the victim’s ordinary business, or otherwise was planned

It is difficult to see, ③ the company’s funds deposited in the current account are continuously withdrawn to the extent that they do not remain, ④ an agreement was reached between the Defendant and the victim company to settle the accounts on retirement allowances, etc.

In light of the fact that there is no evidence to see that there is no evidence to support the transfer of funds which the court below found guilty, and that there is a crime committed by the same criminal intent as the not-guilty part of the judgment of the court below, and that it is not possible to deny the intention of illegal acquisition only for a part of the funds that are transferred by the defendant, it can be sufficiently recognized that

Nevertheless, it is about 1 to 5 of the list of crimes in the annexed sheet.

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