업무상횡령등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
except that from the date of this judgment.
1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles and unreasonable sentencing)
A. As to the embezzlement among the facts charged in this case, a mistake of facts as to occupational embezzlement or misapprehension of legal principles as to the occupational embezzlement, the summary of the pleading submitted by the defense counsel as of September 7, 2020 as of September 7, 202 does not state the purport of disputing the innocence No. 31 and No. 36, but the purport of disputing the above 31 and No. 36 as to the above 31 and No. 36 is stated in the statement of grounds of appeal. Thus, the defendant's assertion of mistake or misapprehension of legal principles as to the 31 and No. 36 as to the 31 and No. 36.
Of the sum of each amount stated in 42, 54, 55, 76, 77, 81, and 82, the summary of the pleading submitted by the defense counsel as of September 7, 2020 shall be KRW 19,215,260, while the summary of the pleading presented by the defense counsel as of September 7, 2020 is stated as KRW 19,215,260. However, as seen earlier, it appears that the amount set forth in Nos. 31 and 36 in the list of crimes is the sum of the amounts set forth in Nos. 31 and 36.
Considering that the Defendant used it as a cost for the operation of the victim company, the intent of embezzlement or illegal acquisition cannot be recognized. ② The Defendant and the defense counsel asserted that the amount listed in the remaining sequence except the above table was KRW 49,810,000, which the Defendant had against the victim company, out of KRW 700,500,000, which was transferred from the bank account of the victim company to the bank account of the Defendant from January 29, 2013, KRW 1,500,000, which was used as an instructor for the victim company, the Defendant used KRW 80,610,000,000 for the victim company. However, the Defendant asserted that the amount of the claim that the Defendant had against the victim company was more than KRW 80,610,00,000, which was used as the expense of the victim company, but the Defendant used as the expense of the victim company.