횡령
The prosecutor's appeal is dismissed.
1. As to embezzlement, which is the main facts charged in the grounds for appeal, the defendant can be recognized as a custodian at the time when he received KRW 24.5 million from the company, and as to the conflict of interest, which is the ancillary facts charged, the court below acquitted the defendant of the facts charged, despite the fact that, according to the evidence submitted by the prosecutor, the defendant could have acknowledged the fact that he had a victim exposed to the crime by leaving the victim out by means of the exercise of rights beyond the limits permitted by social norms, the court below erred in the misapprehension of legal principles or erroneous determination
2. Summary of the facts charged
A. The primary facts charged - The Defendant is a person who operates the D convenience points in Mapo-gu Seoul Metropolitan Government, and the victim E is a person who works as an employee of the Korea Development Network Co., Ltd. (hereinafter “Company”) that entered into a franchise agreement with the Defendant.
On July 6, 2012, the Defendant delayed payment of KRW 24,50,00,000 of the franchise store subsidy to be paid by the Company. The Defendant called the victim, who is the employee in charge, to “I would like to find the company if I would not deposit the franchise subsidy.” The Defendant agreed to return the franchise store subsidy to be paid after the payment from the victim, and received KRW 5,00,000 from the victim to the account in the name of the Defendant on the same day.
After that, on July 10, 2012, the Defendant received subsidies from the Company and rejected the request for return from the victim on several occasions from July 11, 2012, even though the Defendant was in custody for the victim after deducting the Defendant’s additional subsidies of KRW 19.5 million.
Accordingly, the defendant embezzled the victim's property.
B. Preliminary facts charged - The Defendant who will go to the public is located in Mapo-gu Seoul Metropolitan Government around 18:00 on July 6, 2012.