횡령
The prosecutor's appeal is dismissed.
1. In full view of the evidence presented by the prosecutor of the gist of the grounds for appeal, the court below which acquitted the facts charged of this case on the ground that the defendant's embezzlement, intentional act, or intention of unlawful acquisition is erroneous and adversely affected the conclusion of the judgment, even though the defendant was fully aware of the deposit of the credit card sales price and recognized that it was consumed.
2. Determination
A. A. The summary of the facts charged was jointly operated by the Defendant with the Victim C in 2008 and deposited credit card sales in the agricultural bank account in the name of the Defendant from the card company.
However, in January 2009, the victim C independently operated from January 2009, and requested E to change the account into the account in the name of the victim C.
From January 2009 to February 201, the Defendant embezzled the total sum of KRW 3,197,850, and KRW 2,148,847, and KRW 5,346,697, such as KRW 2,148,847, which was deposited by E in the Defendant’s account of the said financial institution by computer error, on behalf of the victim, at his own discretion, from the Gwangju National District Court around that time.
B. According to the evidence duly adopted and examined by this court, C, from around 2008, operated the D main points located in the Defendant and Gwangju Mine-gu, and changed the credit card sales deposit account from January 2009 to C from the Defendant to the Defendant. On behalf of the Defendant, the Defendant continued to deposit the Defendant’s agricultural account (G) due to not changing the employee’s card and the sales deposit account on the credit card. The Defendant, who was working in G, was sent a text message that the sales was revoked from the credit card company around February 201, 201 and sent a phone to C. The Defendant, the wife of the Defendant residing in Gwangju, did not notify the Defendant of his work in G, and did not notify the Defendant of his intention. < Amended by Presidential Decree No. 22034, Oct. 2010; Presidential Decree No. 22426, Feb. 2, 2010>