업무상횡령
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal is whether the defendant knew of the fact that he did not obtain consent to resale from the victims before the resale of the right to sell the instant case. The defendant and A had been in the same office for about 10 years and they had been in the same business relationship. In light of the fact that the defendant and A had been in the same business relationship, they had been in fact in the business relationship, the defendant was aware of the fact that
It is difficult to see it.
Therefore, as long as the Defendant took part in A’s disposal and took part in A’s transfer of name and taking the remainder receipt procedures, it shall be deemed that he took part in A’s crime with dolus negligence at least, but the lower court erred by misapprehending the facts and thereby adversely affecting the conclusion of the judgment.
2. The facts charged A and the Defendant, as indicated in the first sentence of the facts constituting the crime committed against A in the judgment of the court below, managed a sale right entrusted by the victims on March 5, 2014. As such, there were occupational duties to keep them in accordance with the purpose of delegation without the consent of all members, including the victims, and the resolution of the general meeting.
Nevertheless, at the N real estate brokerage office located in Ansan-si, on April 9, 2014, A violated the above occupational duties without the consent of the victims, without purchasing 5/12 of the shares in the sale rights owned by the victims, and in violation of the above occupational duties, A prepared a sale contract to sell all the shares, including the above shares, to E&A Co., Ltd. (hereinafter “AB”) at KRW 600 million, and received KRW 200 million as the down payment on the same day.
In addition, the Defendant, despite being aware of the aforementioned circumstances, filed an application for change of the name with the purport that he/she transferred the right to sell in lots at the office of the Special Metropolitan City Construction Headquarters of the Special Metropolitan City & Construction Headquarters of the Special Metropolitan City & Construction Corporation of the Special Metropolitan City & Do on May 26, 2014 to the AWA. The said construction works.