특정경제범죄가중처벌등에관한법률위반(횡령)등
The judgment of the court below is reversed.
The punishment of the accused shall be determined by the imprisonment of seven years and six months.
20 million won from the defendant.
1. The defendant's defense counsel in the summary of the grounds for appeal is as follows: (a) the statement of the grounds for further appeal as of December 19, 2018 and the summary of the pleadings as of April 9, 2019; and (b) the facts constituting the crime in the case No. 2016Da126 as of the judgment below.
2) As to the facts constituting an offense in the part of paragraph (1), since the money that the Defendant was recognized to have embezzled from the victim F Co., Ltd. was the money acquired by the victim AL Co., Ltd. as stated in the judgment of the court below, such embezzlement constitutes an act of misappropriation ex post facto, and ② As to the facts constituting an offense in the case No. 2016Dahap193 as stated in the judgment of the court below, the Defendant did not have the status of keeping KRW 971,481,350 in the name of the victim Co., Ltd. with the account in the name of the victim Co., Ltd., but this cannot be deemed a legitimate ground for appeal since it was raised after the lapse of the period for appeal, since the Defendant’s embezzlement of the victim Co., Ltd. and embezzlement of the victim F Co., Ltd. were different to the protected legal interest and protection of the law, it cannot be deemed that the above embezzlement was an act of 100 million won ex post facto change of the purpose of the crime, and there is no error of 100 billion won.