특정경제범죄가중처벌등에관한법률위반(횡령)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. On July 4, 2005, Defendant 1 alleged that he remitted money to repay loans under the name of U (U) U (hereinafter “U”) (hereinafter “U”) for the purpose of the repayment of loans, the Defendant received a loan of KRW 90 million from the Bank in the name of U (U) operated by W, and used KRW 80 million among them as the acquisition price of secured real estate for the original transaction of the Co., Ltd (hereinafter “victim”) operated by the Defendant, and remitted KRW 121,805,400 in total to the account designated by W for the repayment of the principal and interest of loans.
[Attachment Table 3, 5, and 18 Nos. 3, 4, 12, and 27 of [Attachment Table 1], [Attachment Table 3, 4, 12, and 27], and [Attachment Table 1], the use of the above money constitutes embezzlement, although it is for the operation of the victim company and it is not recognized as an intention of illegal acquisition, the court below erred in the misapprehension of legal principles or misapprehension of legal principles.
B) Other arguments include each of the following items: (i) Although the defendant cannot be deemed to have had the intent of unlawful acquisition on the grounds that there is an error of misunderstanding of facts or misunderstanding of legal principles in finding embezzlement; (ii) related AGs offered the building owned by the defendant as security necessary for the original transaction of the victim company; and (iii) borrowed the building owned by the defendant as security for the original transaction of the victim company; and (iv) in return, the defendant borrowed KRW 1,00,000 to the defendant. See [Attachment Attachment 9] [Attachment Attachment Attachment 9], the AJ, as the original retailer, purchased 20 copies of the building, and paid the purchase and payment of 10,000 won. See [Attachment Attachment 1] Attachment 15] See [Attachment Attachment Attachment 15], a private enterprise operated
At the time of opening the business, AL borrowed KRW 12 million from the office rent deposit and the cost of purchasing office fixtures.