업무상횡령
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor (misunderstanding of facts and misapprehension of legal principles), the victim company's performance bond for the repair of defects paid by the Construction Mutual Aid Association is specified in the name of the victim company to be used only for the purpose of performing the repair of defects. Since the defendant exceeded the specified purpose and appropriated the defendant's personal repayment of the defendant's claim against the victim company, the court below found the defendant not guilty. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. On July 8, 201, the summary of the facts charged in the instant case, D Co., Ltd., a vice president of the Defendant, had undertaken construction works on solar power plants ordered by the FF Co., Ltd., a vice president. However, D Co., Ltd., a contractor, concluded a funding agreement with the National Bank that provided loans to the victim company to deposit money to the victim company’s account managed by the Defendant and D Co., Ltd., on several occasions. On the other hand, around July 8, 2011, the Defendant transferred the victim company from E to the victim company and operated the victim company from around that time to May 30, 2012. Meanwhile, D Co., Ltd was issued securities on the deposit for the performance of repair as it provided the solar power plant construction works to the Gangnam-do Mutual Aid Association to prepare for the shortage of remuneration due to the nonperformance of the company, etc.
On November 24, 2011, the Defendant: (a) received the said securities from D and submitted them to the Gangnam branch office of the Construction Cooperative; and (b) received the payment deposit of KRW 384,760,000 from the association to deposit it into the account of the victim company; and (c) kept in custody for the victim company for business purposes. < Amended by Presidential Decree No. 2329, Nov. 24, 2011>