업무상횡령
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
In the first instance trial, the prosecutor applied for the amendment of the indictment by changing the facts charged against the defendant as stated in the following "criminal facts", and the judgment of the court below can no longer be maintained as the case is changed by this court's permission.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.
[Judgment in other words] The actual defendant has been engaged in the management of public waters reclamation work and reclaimed land as the representative director of E Co., Ltd. (hereinafter referred to as the "Co., Ltd.") from June 2008.
On November 20, 2009, the Defendant obtained a license to reclaim public waters (F) for distribution processing facilities and for the purpose of creating a site for public facilities from the Korea Fisheries Agency (F) and buried public waters 29,623.6 square meters from August 10, 2010 to October 18, 2012, and created reclaimed land of G, H, I, and J in Gwangju-si. As a result of the completion inspection conducted following the completion of reclamation works, the Defendant refers to reclaimed land, the ownership of which the State acquired at the time of its original execution, as added to the area on the public land register after completion of the additional reclaimed land owned by the victim (hereinafter referred to as “instant land”).
124.6Land and remaining reclaimed land are reclaimed land with the exception of reclaimed land acquired by the reclamation licensee as the project cost can be acquired by the reclamation licensee as if the project cost is less than the value of the reclaimed land after the settlement of the total project site.