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. The summary of the grounds for appeal did not include existing inventory items with errors in calculating the quantity of the damaged items, and calculated them as damaged items only for those items newly supplied after the Defendant acquired the store.
According to the evidence submitted by the prosecutor, including the statements of H, I, and K, who are employees of the victim company, the court below accepted the defendant's assertion that the facts charged in this case were not reliable and acquitted. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Prior to the judgment on the grounds of appeal by the prosecutor ex officio, the prosecutor applied for amendments to the indictment with the content of the third sentence or lower among the facts charged in this case (the part of the judgment below No. 5 and No. 12) as follows 3-A. 3-A. Since this court permitted this and changed the subject of the judgment, the judgment of the court below is no longer maintained.
However, even if the above reasons for reversal exist, the prosecutor's assertion of mistake on the facts of the judgment of the court below is still included in the subject of the trial of this court within the scope related to the modified facts charged.
3. Determination as to the prosecutor's assertion of mistake of facts
A. The summary of the facts charged is that the Defendant, as the manager of the class E store in Geumcheon-gu Seoul Metropolitan Government, operated by the Victim C Co., Ltd. from March 19, 2012 to June 19, 2013, takes overall charge of affairs, such as sales management, sales, and inventory management.
The defendant among the clothing for sale supplied by the injured party, the number of goods sold to the customer, the number of goods sold at discount, and the number of inventory goods held by the above store shall be in the inventory management program of the above store connected to the victim's computer system.