업무상횡령
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal, the submission period of the grounds for appeal, the defense counsel’s written opinion, and the summary of the oral argument, are examined to the extent of supplement in case of legitimate grounds for appeal.
The Defendant’s act stated in the facts charged of mistake of facts or misapprehension of legal principles alone cannot be deemed as embezzlement by transferring the total ownership of 428,160 of the “I” product to G Co., Ltd. (hereinafter “G”), and the Defendant did not have any intention of embezzlement or unlawful acquisition.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
B. The sentence imposed by the court below on the defendant (eight months of imprisonment and two years of suspended sentence) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.
A prosecutor shall maintain the previous facts charged as the primary facts charged by the court below, and applied for the amendment of a bill of indictment added to the ancillary facts, such as the statement of “criminal facts” as stated below in the facts charged in the preliminary charge, and this court permitted this.
However, as seen below, as long as this court rendered a not guilty verdict of the primary facts charged, the ancillary facts added in the trial court also become subject to the trial of this court, the judgment of the court below that only the previous primary facts charged can no longer be maintained.
However, the defendant's argument of mistake of facts or misapprehension of legal principles as to the primary facts is still subject to the judgment of this court, and we will examine the following matters.
3. Judgment on the Defendant’s mistake of facts or misapprehension of legal principles
A. On November 1, 2015, the Defendant, along with B, C, D, and E, manufactures, sells, and sells products of the C, C, D, and E of the C, C, D, and E.