업무상횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Of the facts charged in the instant case, the attached list of crimes.
1. Summary of grounds for appeal;
A. In the facts charged in the instant case, the Defendant did not receive a remittance of the sales price, etc. to the Defendant’s account as set forth in the table of crime Nos. 6, 11, 20, 22, 23, and 50 of the instant facts charged, and embezzled it.
B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged in the instant case is the employee of the victim D Co., Ltd., a sales agent of the apartment complex C from July 2015 to March 2017, and was engaged in the receipt and management of the sales price.
On December 30, 2015, at the D Co., Ltd. sales office located in Sungsung-si around December 30, 2015, the Defendant sent a text message to the effect that the said apartment unit F sent an intermediate payment account to F, which is an account in the name of the Defendant, and then received KRW 10,000,000 from the said F, and received an intermediate payment of KRW 10,00,000 from the said F, in the course of carrying out business for the victim company, it was arbitrarily used as living expenses, etc. from the members of the Ilsung-si around December 30, 2017, and thereafter, arbitrarily used KRW 371,158,050 for 56 times from March 8, 2017, as shown in the list of crimes.
Accordingly, the defendant embezzled the property in the course of business for the damaged company.
B. The lower court found the Defendant guilty of all the charges of this case by compiling the evidence in its judgment.
(c)
1) First of all, according to the evidence duly adopted and examined by the court below as to the second part of the [Attachment 6,11] set forth in the annexed Table Nos. 6,11, it is acknowledged that the defendant deposited KRW 1,000,000 in the name of the national bank account in the name of the defendant on May 11, 2016, and KRW 7,000,000 in the name of W (the defendant confirmed that the part transferred in the name of W by the investigative agency was transferred by H) on June 8, 2016 (see, e.g., 253, 257, 367 of the investigation record), and according to the above facts of recognition, this part of this part is recognized.