횡령
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal asserted that E did not offset the victim with set-off, and according to the judgment of the case, such as violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of E, which became final and conclusive E, it is natural to view that the amount of KRW 10 million remitted by the defendant to E on October 26, 2012 is not the amount of investment by the victim, but the amount of investment by the defendant, and the victim is recognized as the amount of investment by the victim, because there is a large amount of money invested to E, and thus, the victim has failed to resist
In light of the fact that the victim cannot be said to have paid interest on the investment of this case to M, the victim stated that M does not have paid the interest on the investment of this case, even though he could fully recognize the fact that the victim has embezzled the remitted money, the court below found the defendant not guilty, and there is an error of law by mistake
2. Determination
A. The Defendant asserted that he received a remittance of KRW 39 million from the damaged person to E on October 2012. However, the Defendant agreed to receive KRW 30 million out of the investment amount of KRW 10 million from E and the damaged person, instead of receiving KRW 29 million from the time to time, he/she remitted the amount of KRW 39 million from the damaged person’s investment amount to E and remitted the amount of KRW 10 million out of the investment amount of KRW 29 million from the damaged person to E, and then remitted the amount of KRW 30 million from the investment amount of KRW 10 million from the damaged person to E in order to make an investment in an insurance agency.
B. The lower court determined that the facts charged constituted a case where there is no proof of crime on the following grounds.
According to the adopted evidence, it is insufficient to recognize that the evidence submitted by the prosecutor alone has embezzled money as stated in the above facts charged, and there is no other evidence to acknowledge it.
1) (1) E is an aggregate of KRW 1,38.7 billion from 27 damage to July 19, 2013 to 1,38.7 billion from January 22, 2008.