업무상횡령
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant: (a) opened and used an account in the name of H for convenience to manage funds of the Victim F Co., Ltd. (hereinafter “F”); and (b) a list of crimes in the instant facts charged.
1. 23.2 million won, as described in the F Account, remitted from the F Account to H Account, is only used for the operation of the F, and is not used for personal purposes.
In addition, a list of crimes charged in the instant case
2. to 2.
5. The sum of KRW 79 million remitted to H or K, as described in the note, is only the sum of KRW 79 million that the Defendant, regardless of the F, borrowed money in his personal capacity and remitted part of the money to the F account with H account.
Therefore, there was no fact that the defendant embezzled F-owned money, and there was no intention to acquire illegal money from the defendant.
2) The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended sentence, and 80 hours of community service) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. The summary of the facts charged in the instant case is a person who works as the representative director of the Victim F Co., Ltd. F in Yangsan-si from October 8, 2010 to March 30, 2013 and has overall control over the management of funds, execution of funds, etc. of the victim.
On December 3, 2010, the Defendant used KRW 100,000 to the account in the name of the victim in the name of the Agricultural Cooperative (Account Number G) managed by the Defendant, and used KRW 23,20,000 at will around December 9, 2010 to the account in the name of the Defendant and the person in de facto marital relationship H, such as personal debt repayment and living expenses.
The Defendant, including that, from around that time to September 6, 201, borrowed money from the victim’s operating fund to five times during the following crime inundations, and embezzled KRW 12.2 million out of KRW 343 million, which he/she had been in custody for business purposes, at his/her own discretion.
be a crime.