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(영문) 서울남부지방법원 2019.05.23 2018노2650
업무상횡령등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The court below rejected the application for compensation of the applicant, and since the applicant cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part of the court below's rejection of the above application for compensation in the judgment below is excluded from the scope of the trial

2. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. misunderstanding of facts 1) As to the occupational embezzlement [Attachment 2017 Highest 2613, Paragraph (1) of the crime, Paragraph (2) of the crime committed in 2017 Highest 2613, and Paragraph (2) of the crime], and Paragraph (2) of the judgment of the court below in the part of the crime list in 2017 Highest 5869], the trial is accompanied only by each annexed crime list for convenience.

The court below found the defendant guilty of only KRW 520,00, KRW 20,00, KRW 29, and KRW 165,000 among the Nos. 14, 520, 29, and KRW 65,000 among the No. 29, and the part of the defendant's acquittal was appealed, but the above part of the defendant's acquittal is also subject to a trial (see Supreme Court Decision 2000Do500, Feb. 9, 2001) (see Supreme Court Decision 2000Do500, Feb. 9, 200). The money that the defendant received from the customer was delivered to D in cash or deposited into the account in the name of D or damaged company. The remaining part is related to the business of airline tickets unrelated to the defendant, or deposited money into the account in the name of D or damaged company, and there is no error in the judgment of the court below finding the defendant guilty as to the crime of larceny as to this part of the judgment.

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