업무상횡령등
The judgment below
The guilty part against Defendant A and the part against Defendant B shall be reversed in entirety.
Defendant
A.
1. Summary of the grounds for appeal (guilty part of the original judgment)
A. The facts alleged in the judgment of the court below are as follows.
1.(a) Paragraph (1) and
1. B. Paragraph C Co., Ltd. (hereinafter “C”) has already completed the registration of ownership transfer of a vehicle and received automobile-scrapping subsidies and public bus purchase support subsidies (hereinafter “instant subsidies”) from E (hereinafter “E”) and thus, did not use the instant subsidies as the purchase price of the vehicle, and the Defendants did not embezzled as stated in this part of the facts charged.
2) Criminal facts in the judgment of the court below
2. A. 1) part of paragraph (a) of this Article (hereinafter “the embezzlement of KRW 50 million”) (hereinafter “the Defendant’s wife”) paid C’s oil payment to L with L’s wife and paid KRW 50 million. Thus, the Defendants did not embezzled as indicated in this part of the facts charged.
B. The sentence of the lower court against the illegal Defendants (one year of imprisonment, two years of suspended sentence, six months of suspended sentence, one year of suspended sentence) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. In the judgment of the court below, the facts
1.(a) Paragraph (1) and
1. B. The Defendants alleged in the lower court that this part of the grounds for appeal was the same, and the lower court found the Defendants guilty of this part of the facts charged by compiling the evidence so decided.
The following facts and circumstances acknowledged in accordance with the evidence duly adopted and investigated by the lower court and the trial court, i.e., the instant subsidy is specified to be used only for the purpose of purchasing three large-scale scrapped buses and two public buses (F, G, H, J, and K) (the instant subsidy program) (the “the instant subsidy program shall not be used for any other purpose, and shall not be used for any other purpose, and shall be used for any other purpose).” In addition, the instant subsidy program plan shall not include the “the instant subsidy program shall not be used for any other purpose and shall be used for any other purpose.”