업무상횡령
The judgment of the court below (including the part not guilty in the grounds) shall be reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The defendant above.
1. Summary of grounds for appeal;
A. According to the evidence duly adopted and examined by the lower court on the erroneous determination of facts, the fact that the Defendant embezzled the amount of KRW 6 million as of February 10, 2014, KRW 900,000,000 as of February 12, 2014, and KRW 300,000 as of March 6, 2014 may be sufficiently recognized. Nevertheless, the lower court’s judgment that acquitted the Defendant of this part of the facts charged is erroneous in misunderstanding of facts. 2) In so doing, the lower court’s judgment that acquitted the Defendant of this part of the facts charged was erroneous and unreasonable.
B. The Seoul Metropolitan City Branch (hereinafter “Seoul Branch”) is merely a subordinate organization of the Federation, and thus, the act of paying the operation fund of the Seoul Metropolitan City Branch by agreement with the Chairperson K of the Federation is appropriate for the purpose of publication of the “P”. The act of paying the operation fund of the Seoul Metropolitan City Branch according to the agreement with the Chairperson K of the Federation is either an act suitable for the purpose of embezzlement, or an act of paying the expenses already paid by the Defendant after an ex post facto settlement, and thus
Nevertheless, the judgment of the court below that found the remainder of the charges of this case guilty is erroneous in misconception of facts.
2. Judgment on the prosecutor's assertion of mistake of facts
A. On February 10, 2014, the lower court rendered a not-guilty verdict on this part of the facts charged on the grounds stated in its reasoning by deeming that there is no proof of crime. Examining the reasoning of the lower judgment in light of the records in the instant case, the lower court’s aforementioned determination is justifiable and does not seem to have been erroneous in matters of mistake of facts alleged by the prosecutor, and thus, the Prosecutor’s allegation
B. The representative director of a corporation with part of KRW 900,00,000 as of February 12, 2014 and KRW 300,000,000 as of March 6, 2014, withdrawn and used the company’s money, and failed to present evidentiary documents as to the place of use, and fails to provide reasonable explanation as to the reasons for the withdrawal and the place of use.