횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The judgment of the court below which acquitted the defendant of the charges of this case on the ground that the victim received the price to be paid to G on behalf of the defendant, and the defendant is recognized as a custodian of the price of the goods of this case, and it is difficult to view that there was a victim's understanding about the fact that the defendant voluntarily uses the goods of this case, etc., and thus, found the defendant guilty of the charges of this case on the ground of the evidence submitted by the prosecutor.
2. Determination
A. The summary of the instant facts charged (main facts charged) is a person who had operated D (D; hereinafter referred to as “D”) under the trade name “D (D; hereinafter referred to as “D”)” in Dongdaemun-gu Seoul.
On October 2013, the Defendant received a request from E, a victim, for the provision of an Adodona clothes from E, a victim on a day-to-day basis, but failed to meet the cost of manufacturing goods, thereby mediating the Defendant to supply the Adonaments to the victim in G (hereinafter “G”), but the Defendant, upon receiving an investment in the cost of manufacturing goods from G, made the clothing and supplied it to G, and in G, agreed to pay 10% of the amount of goods to the Defendant upon receiving the cost of goods from the victim.
Nevertheless, at a place where it is difficult to identify the place on October 15, 2013, the Defendant received three million won of the goods to be paid to G from the victim to the Japanese bank account in the name of I and used it for the victim at his own discretion as the company operation fund.
The Defendant, including that, from the above date to March 3, 2014, received a total of KRW 140 million from the victim as the price for goods as indicated in the attached list of crimes, and did not transfer the remainder of KRW 100 million, excluding KRW 40 million, to G, to the company operation funds.