모든 것은 6,000만 원의 채권 문제에서 시작되었어요. 채권자 권내영 씨는 채무자 피고인에게 채권을 갚아달라고 요청했죠. 피고인은 "지불각서 작성해줄게"라며 가계수표를 확인하는 과정에서 "액면금이 채권액에 미치지 않는다"고 주장하며 일부 수표를 찢어버렸어요. 그 순간, 권내영 씨는 "수표 찢었어. 법대로 해보자 이거지?"라고 항의했죠. 피고인은 오히려 "내가 누군줄 알아? 헌병수사관이야."라며 도발적인 언행으로 대응했어요. 이후 수표 반환을 거부하며 갈등이 격화되었죠. 이 모든 과정은 단순한 채권 문제에서 횡령 혐의로 이어지는 계기가 되었어요. ---
법원은 피고인과 권내영 씨 사이에는 "조리에 의한 위탁관계"가 성립했다고 보았어요. 간단히 말해, 권내영 씨는 피고인에게 수표를 맡기며 "만약 합의가 안되면 수표를 바로 돌려달라"는 암묵적 합의를 한 거죠. 피고인이 수표를 찢고 반환을 거부한 행동은 바로 횡령죄에 해당한다고 판단했어요. 법원은 "피고인이 수표를 찢고 반환거부 의사를 명백히 드러냈다"고 강조했죠. 이러한 판단은 기존 판례(1987도1778)와 일관성이 있었어요. ---
피고인은 "나는 횡령하지 않았다"는 입장을 고수했죠. 그는 수표를 찢은 것은 일시적인 분노에서 우러나온 행동이며, 반환 의사를 전혀 hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't hadn't 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