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(영문) 대법원 2014.07.24 2011도14681

횡령등

Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Reasons

We examine the grounds of appeal.

1. As to the prosecutor's grounds of appeal

A. On September 4, 2008, the summary of the facts charged in this part of the indictment, Defendant A, and W, from the victim T and U, “AD shall have an amount of KRW 100 billion and there is a need for a passbook to money out this amount. If the balance is sought from the passbook, the amount of KRW 5 billion will be collected and deposited in the passbook, and the amount of KRW 71.9 billion will be paid as commission.” The victims have a deposit passbook in the AD balance, so that “AD will seek a deposit passbook in the name of AD,” and the victims received a delivery of KRW 50 million in the name of the victim by Defendant Y and presenting it to the victims through Defendant Y, and received a delivery from the victims as commission.

As a result, the Defendants conspired to obtain 50 million won from the victims.

B. According to the reasoning of the judgment below, the court below made an agreement to seek a balance of deposit (hereinafter "the agreement of this case") with the content that there is a balance of deposit amount of 71.9 billion won in the deposit account under the name of Defendant A and W (hereinafter "the balance certificate of this case") to the victims, and to seek a balance of deposit amount of 60 billion won or more in the name of AD (hereinafter "the agreement of this case"). The victims first come into contact with Defendant W, etc. on September 2, 2008. The date of issuance of the balance certificate of this case was August 28, 2008, which was from the date of issuance of the balance certificate of this case, and on June 16, 2008, which was before the issuance of the certificate of this case, the defendants X received another certificate of deposit amount of 61.1 billion won or more from AD and delivered it to Defendant A through the other certificate of deposit balance of this case regardless of the facts related to the agreement of this case.