업무상횡령
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, including the statement in the investigative agency of the victim J (hereinafter “victim”) and the Defendant’s statement in part to the investigation agency, etc., the Defendant paid KRW 500 million to the injured party for the payment of the cancellation fee following the rescission of a joint project agreement concluded between the Plaintiff and the Plaintiff. However, it can be recognized that the Defendant arbitrarily used KRW 100 million out of the said money for personal debt repayment rather than the said title. The above act by the Defendant was executed by the injured party upon entrustment of the limited fund from the damaged party to “payment of the cancellation fee to the Plaintiff Co., Ltd.” for the purpose other than the limited purpose and constitutes embezzlement.
Nevertheless, the court below acquitted the Defendant of the facts charged of this case. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant, while promoting a new project for collective housing in the Seoul Northern-gu, Gwangju, a person who will jointly implement the project due to the shortage of funds, entered into a joint project agreement with the LAFG (representative director H) around April 17, 2015. However, the business year additionally received 3 billion won from the damage, who is the actual operator of the LAF, to whom the Defendant and the victim jointly represent the above project, by receiving 3 billion won land down payment and early capital, and agreed to conduct a joint project on the condition that the damage is the Defendant (hereinafter “instant joint project agreement”). The Defendant, around April 20, 2015, received 40 billion won from the former contractor (contractor representative director) in accordance with the agreement and received 50 million won in relation to the termination of the contract with the LAD K (hereinafter “the instant joint project agreement”). The Defendant shall use the amount under the name of KRW 400 million (50 million).