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(영문) 서울동부지방법원 2018.12.13 2018노590
횡령
Text

The defendant's appeal is dismissed.

The application for compensation of this case is dismissed.

Reasons

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

A. The instant shares are owned by the J Agricultural Partnership (hereinafter “J”) and do not constitute shares held in trust by the injured party.

B. Even if the victim was trusted the shares of this case to J, the victim trusted the shares of this case

Even if the victim transferred the shares of this case to J through occupational embezzlement, there is a trust relationship between the victim and the defendant, which is worth protecting.

Therefore, the defendant's act of using the money that he disposed of the shares of this case does not constitute embezzlement.

2. Determination

A. On September 15, 2014, the lower court and the evidence duly admitted and examined as follows: (a) the victim prepared the first transfer agreement to transfer the shares of this case to J (L title 5,000 shares; 2,000 shares) on September 15, 2014; and (b) completed the second transfer agreement to transfer the shares to the victim again on the shareholder list; (c) on November 3, 200, J drafted the second transfer agreement to transfer the shares of this case to the victim again; (d) the second transfer agreement to transfer the shares of this case was signed on November 3, 200; (e) the second transfer agreement was signed by the J’s seal impression as a juristic person; (e) the victim did not transfer the shares of this case to the victim; (e) the Defendant did not actually pay the purchase price; and (e) the Defendant did not request the victim or the Defendant to transfer the shares of this case on September 15, 2014 to the victim; (e) the Defendant did not request the victim to transfer the shares of this case under the objective transfer agreement.

In addition, the problem of crime is called ‘A special', and it is called ‘A special'.

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