업무상횡령
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The gist of the prosecutor’s grounds for appeal is the Defendant, along with E, who directly created and used funds specified in the facts charged. In light of the motive, method, and details of the use of the funds, the Defendant cannot be deemed as an act of raising funds for the benefit of the victim company, and thus, the intent of unlawful acquisition is realized by the act of raising funds for the victim company.
Nevertheless, the lower court erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. An ex officio determination prosecutor changed the amount of embezzlement No. 4 in the annexed list of crimes to “50,000”, the amount of embezzlement No. 21 in the annexed list of crimes to “1,00,000”, and the amount of embezzlement No. 21 to “770,000”, respectively, and the amount of embezzlement No. 50 to “1,00,000” to “50,000,000,” respectively, deleted No. 10,59, and 70 in the annexed list of crimes, and applied for changes in indictments to “113,204,417” as “13,204,417,” and the judgment of the court below was changed to that of “5,17, and since this was changed to that of this case, the judgment below was no longer maintained.
However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court, even if there are such reasons for ex officio reversal.
3. Judgment on the prosecutor's assertion of mistake of facts
A. The summary of the facts charged in the instant case is an employee of the Business Management Team of the Victim D Co., Ltd. (hereinafter “victim Co., Ltd”) from May 2001 to October 201, the Defendant has been engaged in the business of selling used cars and collecting proceeds as used cars of the Victim Co., Ltd. (hereinafter “victim Co., Ltd”).
The defendant has made a false report to the victim company as if he/she sold used cars at a price lower than the actual selling price due to insufficient expenses related to the business activities of E and the above business management team, which are the head of the business management team of the above company, and managed the difference as non-funds.