업무상횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. Prosecutor 1) In the case of embezzlement No. 18 million won (the portion paid to J of the Co., Ltd.) in the annexed list of crimes, the lower court determined that the Defendant was not guilty on the ground that there was no intention of unlawful acquisition on the ground that the Defendant disposed of for the benefit of the victim C in the event of embezzlement No. 18 (the portion paid to J of the Co., Ltd.). However, the lower court did not have examined whether the above 1.7 million won was paid in relation to the construction project that was carried out by the victim. Therefore, the lower court erred by misapprehending the facts through insufficient deliberation. 2) In so doing, the lower court’s judgment on
B. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.
2. According to the results of the fact-finding inquiry reply to J of the court of the trial on the prosecutor's assertion of mistake of facts concerning the acquittal portion of the reasons, the defendant paid 1.7 million won to J of the victim's intention to pay for the supply price of ready-mixed with respect to D-B Construction in the Government of the victim's intention, such as No. 18 of the attached crime sight table, and thus, it is deemed that the defendant disposed of for the benefit of the victim who is the owner.
Therefore, the judgment of the court below that acquitted the defendant on the ground that there is no evidence to acknowledge the defendant's intention of illegal acquisition is just, and it cannot be viewed that there is an error of mistake of facts as alleged by the prosecutor, so the above ground for
3. The instant crime on the assertion of unfair sentencing between the two parties is an unfavorable circumstance to the Defendant that the Defendant lent a construction license to the victim, and used the interest of the loans deposited by the victim for the construction of the victim for his own interest, and the nature of the relevant crime is not good. The amount of damage to the instant crime is about KRW 250,000,000.
However, the construction cost that the defendant has sustained by the victim.