횡령
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds of appeal is that the public official of the Korea Rural Community Corporation in charge of land compensation by the defendant is the victims who are the members of the small team, and the public official of the Korea Rural Community Corporation in charge of land compensation is the victims who are the members of the small team, who would be paid compensation through consultation with the small team and paid compensation to the defendant in two cases of the above vinyls. As such, the above compensation is not owned by the defendant, but owned by the victims (other persons' property) and the defendant was paid the above compensation to the small team, so the status of the person who keeps the above compensation for the victims
2. Determination
A. On July 2012, 2012, the Defendant: (a) around F, set up in E and three lots; (b) around F, the Defendant received compensation from G in charge of expropriation and land of the said land as a reorganization project; and (c) compensation for the obstacles to the said land and obstacles; and (d) paid such compensation to the victim H, I, J, K, L, and M, the recipient of the said compensation.
On August 31, 2012, the Defendant received compensation of KRW 12,882,400 for the above obstacles from the account under the name of the Defendant and embezzled them for the victims by using them for private purposes, such as purchase of personal land at will around that time.
B. The lower court’s judgment: (a) insofar as the Korea Rural Community Corporation recognized the Defendant as the person entitled to the compensation for the two vinyls of this case and paid the compensation, the compensation belongs to the Defendant; (b) cannot be deemed as another person’s property; and (c) the Defendant did not have a fiduciary relationship between the Defendant and the Plaintiff, solely on the ground that the Defendant said that the public official in charge of compensation would be paid the compensation in consultation with the labor team in the course of preparing the land and the article protocol.