업무상횡령
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal D, E’s investigation agency, and the court below’s legal statement, the court below acquitted the defendant, although it is sufficiently recognized that the sum of KRW 110,700,000 and value-added tax to be imposed in relation to the operation of G internal restaurant as stated in the facts charged, which are KRW 135,70,000 for the victims who are other partners, have been consumed and embezzled at will, the court below acquitted the defendant. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. On February 7, 2011, with respect to KRW 110,70,00 from the investigative agency to the trial of the trial, the Defendant agreed to use the money under the final settlement agreement as of February 7, 201, including: (a) whether the fine was additionally imposed by the final settlement agreement between eight members representing G including the Defendant; and (b) not only the Defendant, the J and U.S., who was the business title holder of G, regardless of whether the fine was additionally imposed by the final settlement agreement among eight members representing G including the Defendant; and (c) instead of paying the amount, the remaining partners agreed to be exempted from the liability for payment; and (d) accordingly, the Defendant et al. used the money under the final settlement agreement as of February 7, 201, including appropriation of the said money first to the necessary expenses; and (b) the remaining amount of KRW 25,000,000 was set at the joint expense necessary for the settlement and complete transfer of taxes, and the Defendant denied the Defendant’s criminal act.
In regard to this, the court below, based on the evidence of the court below at the time of the trial, requested that the I, who was punished for a strike of refusal of surrender as a partner, give up the partner's equity interest and paid it as a clear expense, and the above amount was paid as a partner of the G. The defendant, who is the partner of the instant G.