(영문) 부산지방법원 2014.05.16 2014노753 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.05.16 2014노753

횡령

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is that the court below acquitted the Defendant of the charges of this case on the ground that the Defendant used the attorney appointment fee of this case for personal purposes without the consent of the victim.

2. Determination

A. On July 29, 2008, the defendant received a request from the victim C to appoint a lawyer because he was detained by his husband at the coffee shop located in the Seocho-gu Seoul Metropolitan Government Yang Jae-dong. On August 9, 2008, the defendant received three copies of the above coffee shop from the victim as attorney fees, received three copies of the check of 1 million won from the victim, and remitted 1.5 million won to the E bank account of the defendant, and embezzled 7.5 million won in total from the above bank account around August 28, 2008, by voluntarily consuming it for the purpose of living expenses, etc. while he kept for the victim.

B. As to the lower judgment, the lower court acquitted the Defendant on the ground that the Defendant alleged that the Defendant borrowed the said money from the victim on the ground that: (a) the Defendant received an application for release on bail from F attorney without giving the said money to F attorney; (b) the Defendant used the said money for personal purpose; (c) the Defendant returned 8 million won to the victim around May 2012; and (d) the Defendant was unable to believe the victim’s statement, (c) the victim filed a complaint against the Defendant on February 12, 2012; and (d) the Defendant submitted the written application for release on bail prepared by F attorney upon the Defendant’s request.

C. According to the evidence duly adopted and examined by the court below, D, the husband of the victim, was detained on July 29, 2008. The victim, from August 9, 2008 to August 28, 2008, gave the defendant a total of KRW 7.5 million as attorney fees, and the defendant is the above money.

유사 판례

-부산지방법원 동부지원 2014.02.10 2013고정477

-서울중앙지방법원 2015.01.13 2014고단8476 (1)

-대구지방법원 2014.03.14 2014고합22

-서울중앙지방법원 2015.01.16 2014고합615

-서울남부지방법원 2015.10.30 2014고단5022