횡령
The judgment of the court below is reversed.
Defendants shall be punished by a fine of one million won.
The above fine shall not be paid by the Defendants.
1. The summary of the grounds for appeal (the factual error) was the incidental title trust agreement after the conclusion of the partnership agreement between the Defendants and D. Thus, while Defendant A completed the registration of ownership transfer with respect to FF loan 401 (hereinafter “the loan of this case”) in his name, Defendant A received the registration of ownership transfer with respect to D’s 1/2 shares in title trust and kept D’s custody for D, the Defendants conspired to embezzlement D’s property under the name of H and I by arbitrarily setting up a collateral security under the name of H and I. However, the lower court erred by misapprehending the fact that the Defendants acquitted the Defendants, thereby affecting the conclusion of the judgment.
2. Determination
A. Before determining the grounds for appeal ex officio, prior to the judgment on the grounds for appeal for ex officio, the following facts charged are as follows: (a) the prosecutor’s name of the crime from “misappropriation” to “Embezzlement”; and (b) the applicable provisions of law to “Articles 355(2) and 30 of the Criminal Act; and Article 334(1) of the Criminal Procedure Act” in “Articles 355(1) and 30 of the Criminal Act; and (c) Article 334(1) of the Criminal Procedure Act.”
B. 1) As mentioned in paragraph (1) above, an application for permission to amend the Bill of Indictment was filed and this Court permitted it, and the judgment of the court below was no longer maintained. However, the prosecutor’s allegation of misunderstanding of facts is still meaningful within the scope of determining the modified facts charged, and this is examined below. (B) The Defendants and the victims of the revised facts charged as well as D, purchased real estate with money and purchased real estate, and subsequently sold it, sold and sold and sold, and proceeds from resale are divided into 1/4 and 1/2 of the Defendants, respectively. The Defendants are 35 million won (30 million won prior to lease deposit) and the victims are 36 million won, respectively.