(영문) 울산지방법원 2016.04.14 2016노107 | 리걸엔진

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Reasons

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(영문) 울산지방법원 2016.04.14 2016노107

횡령

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The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of legal principles or misunderstanding of facts)

A. The Busan Shipping Daegu D2nd floor owned by the Defendant for the waiver of ownership (Provided, That the written indictment and the written judgment of the court below contain “three-story wooden building” as “three-story wooden building,” but in the public register, the underground floor and the second floor above the ground.

Despite the fact that high tree table with a width of 4.3 meters (hereinafter “the instant table”) remains within the instant building, the victim C removed all goods owned by the victim from the instant building in the relevant civil or criminal trial and ordered the Defendant to name the instant building.

Since the victim may be deemed to have waived ownership of the instant table, it cannot be deemed that the instant table is another person’s property as provided in the crime of embezzlement.

B. The table of this case is too large that it cannot be deducted from the building of this case unless the building of this case is permitted due to the absence of the intention of unlawful acquisition.

E was transferred from the Defendant to the instant building, and the instant table was transferred along with the instant table, and the Defendant did not sell the instant table to E, and E also did not exercise the right as the owner, since it was demanded for the Defendant to pay the expenses incurred in the storage of the table.

Therefore, the victim paid storage fees at any time and received the tables of this case.

Thus, the defendant disposed of the table of this case to E.

Therefore, the defendant's intention to obtain unlawful acquisition cannot be recognized.

2. Determination

A. According to the protocol of execution of delivery of real estate bound to the records of this case, the criminal judgment (the steam records 29-38, 41 pages) and the protocol of mediation of civil cases filed by the Defendant against the victim on July 8, 2010 (the Busan District Court).

유사 판례

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-수원지방법원 안산지원 2017.04.20 2016고정1368

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