특정경제범죄가중처벌등에관한법률위반(횡령)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
An applicant for compensation shall be dismissed.
1. Summary of grounds for appeal;
A. The money listed in the [Attachment 1]-1 to 107 of the List of Offenses Corresponding to mistake of facts is used in relation to trade business in the operation of the victim. However, for the convenience of banking business, the money was transferred from the victim's financial account to the Defendant's financial account under the victim's permission. However, the part cannot be viewed as embezzlement on the ground that the victim's financial account was not disclosed at a long time.
B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too heavy.
2. First of all, we examine the argument of mistake of facts.
In the lower court, the Defendant argued to the effect that it is identical to the aforementioned assertion of mistake of facts, and the lower court determined to the effect that the Defendant may be inferred as embezzlement of each amount listed in [Attachment] Nos. 1 through 107, based on the grounds set forth in its reasoning.
In light of the evidence adopted and investigated by the court below, the judgment of the court below is justified with respect to the parts stated in the annexed Table Nos. 11, 13, 14, 17, 21, 22, 24, 27, 28, 34 through 37, 39, 40, 42, 43, 46, 49, 50, 51, 53 through 59, 62 through 74, 76 through 79, 81, 82, 84 through 97, 101, 102, 103, 105, 106, and 107 of the judgment of the court below, and it cannot be said that there is any error of mistake of facts as alleged by the defendant (see the part concerning the crime committed in the attached Form "the part concerning the crime committed."
However, the remainder of the sequence 1 through 10, 12, 15, 16, 18, 19, 20, 23, 25, 26, 29 through 33, 38, 41, 44, 45, 47, 48, 52, 60, 61, 75, 80, 83, 98, 99, 100, and 104 are difficult to accept due to the following reasons, notwithstanding the reasons revealed by the court below.
(1) The victim also acknowledges that there was an amount of money transferred from the financial account of the victim to the financial account of the defendant under the victim's permission for the convenience of banking business when the defendant withdraws from the money related to the trading company immediately after the defendant joined the trading company of the victim.
(2)