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(영문) 울산지방법원 2018.09.11 2017고단4098
횡령
Text

The accused shall announce the summary of the judgment of innocence.

Reasons

1. On September 9, 2015, the Defendant entered into a contract with the victim C to purchase KRW 97 million from the victim’s HB-50TM scrap scrap scrap 1 on the first floor of the building in Ulsan-gu, Ulsan-gu, Ulsan-gu, and Jeong-si, the first floor of which is located in the 1st century, and agreed to pay KRW 300,000,000 per month from September 15, 2015 to April 15, 2018 to pay KRW 30,000 per month, and pay the remainder KRW 1 million on May 15, 2018 to reserve ownership to the victim before full payment of the purchase price.

The Defendant, on August 31, 2016, rejected the request from the injured party for the return of the said timber scrap on the ground that he/she did not pay the purchase price, while keeping one of the said timber crushers for the victim.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant agreed to purchase the scrap scrap of this case for KRW 97 million from the injured party and pay KRW 3 million monthly to the injured party. However, this is a simple sales contract and it is not a secondary sales contract for ownership reservation, and the Defendant has the status of custodian.

not, and even if so, it is not.

In the process of using the wood scrap of this case, the Defendant spent the repair cost of KRW 80 million, and there are justifiable grounds for refusing to refund, such as not conducting settlement with the victim.

The argument is asserted.

Although the instant sales contract was stated to the effect that it was a secondary sales contract for ownership reservation, it is difficult to accept it in light of the following circumstances, and the evidence submitted by the prosecutor alone is insufficient to recognize the instant facts charged, and there is no other evidence.

(1) The purchase and sale contract for reservation of ownership of movable property, unlike the general sale and sale contract for which ownership is transferred at the same time as the transfer of possession, shall be entered into in the form of reservation of ownership.

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