
凌姓男子與鄭男、李女合夥經營養豬場,未經同意擅自出售75頭肉豬並占用15萬元前金,屏東地院依業務侵占罪判處10個月徒刑,高雄高分院二審認為應屬民事糾紛,凌男無罪定讞。
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凌姓男子與鄭男、李女三人合夥經營養豬場,出資比例為40萬、80萬、80萬元,約定由凌男負責場內豬隻飼養工作。
凌姓男子與鄭男及李女合夥經營養豬場,凌男卻未經鄭、李2位合夥人同意,擅自將養豬場內75頭肉豬出售給黃姓業者,並將黃姓業者先行支付15萬元前金占為己有,其他2名合夥人憤而提告,屏東地院依業務侵占罪判處凌男10個月徒刑,並沒收15萬元犯罪所得,凌男上訴後,二審高雄高分院認為此案應屬民事糾紛,凌男不法意圖難以認定,判凌男無罪定讞。
凌男與鄭男、李女3人分別出資40萬元、80萬元、80萬元合夥經養豬場,並約定由凌男負責現場飼養豬隻的工作,凌男卻擅自將養豬場內75頭肉豬以35萬3460元價格賣給不知情的黃姓業者,黃男為此先支付15萬元給凌男,其他2位合夥人鄭男及李女對凌男賣豬一事毫不知情,凌男也未將15萬元分給鄭、李2人,雙方因而鬧翻對簿公堂。
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凌男辯稱,養豬場內的肉豬是他在養的,他沒有賣超過他出資的部分,並無侵占犯意,他曾多次要求退出經營,但對方不同意,他才會賣豬拿回本金。
屏東地院檢視凌男與鄭男對話記錄,認為3人曾講好賣豬一定要3人都同意,合夥關係仍然存續中,凌男未經其他2名合夥人同意擅自出售肉豬,應以業務侵占罪論處。
高雄高分院則認為,凌男有向合夥人表示退夥及取回40萬元投資款意思,但遭到拒絕,凌男為達退夥目的,在不逾其投資金額的範圍內,以35萬3460元價格售出部分豬隻,並收取其中15萬元,並未侵害其他合夥人的股份,且本案合夥契約對退夥方式並無特別約定,也沒有其他證據可認定凌男確有刑法上業務侵占犯行,此案屬民事合夥糾紛,應循民事訴訟程序解決。

During the National Day holiday, the Hangzhou Procuratorate incorporated the safety of high-risk tourism and sports projects into public interest litigation and people's livelihood matters, used digital means to accurately detect safety hazards such as unlicensed operations and aging equipment, and coordinated with administrative departments to promote a closed loop of problem rectification and use cases to promote treatment and build a long-term supervision mechanism.

Britain's disgraced former prince Andrew Mountbatten-Windsor has launched a High Court challenge to quash search warrants obtained by Thames Valley Police ahead of his arrest for suspected misconduct in public office.

The High Court held a hearing on the Kuomintang political donation and breach of trust case. Accountant Duan Muzheng pleaded guilty and appealed only against the sentencing. His legal team advocated separate trials and pointed out that Duanmuzheng did not commit serious crimes and the collegial panel will evaluate whether to conduct separate trials.

The gay bar "Commander D" in Taipei, Taiwan was raided by the police on October 3 and many people were taken away. During the period, it was reported that the police officers were suspected of making inappropriate remarks such as discriminating against people with disabilities. The incident triggered over a hundred people to protest at the police station. The police later confirmed that six police officers had acted inappropriately and had been reprimanded and punished.

An old man surnamed Yao from Pingtung County tripped over a protruding floor tile while passing the Hengchun Town Ring Trail on May 29, 2022. After being sent to the hospital, he died of neurological shock due to a high cervical spine fracture on June 8. His three children applied for state compensation. In the first instance, the Pingtung District Court held that the Hengchun Town Office was responsible for the maintenance and found that the death was causally related to the protruding floor tiles, and awarded compensation of 3,845,757 yuan. The Hengchun Town Office appealed twice, but both were rejected by the Kaohsiung Branch of the High Court and the Supreme Court, and the entire case was confirmed.

Former Taipei University of Technology professor Wang Longchang was acquitted of the Nangang Exhibition Hall project bidding fraud case. The key lies in the inconsistent testimony of Huang Wei'an, the special assistant to the chairman of Rio Tinto Construction who accused him of accepting bribes, and the lack of objective evidence such as cash flow to reinforce it. Crime prevention experts point out that although tainted witnesses can help expose hidden crimes, they may falsely accuse others in order to reduce their sentences. Therefore, when forming free evidence, the court still needs to fully investigate objective evidence that is favorable to the defendant and explain the reasons for acceptance or rejection to avoid miscarriage of justice.