업무상횡령
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal is that the Defendant received KRW 20 million from the victim, not from the victim, but from the F, as the money received as a consideration or expense for raising funds for the victim, and thus, the Defendant is not a “person who keeps another’s property,” which is the subject of embezzlement, but is not a “person who keeps another’s property,” and the judgment below which found the Defendant guilty of the facts charged of this case, is erroneous
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged was that the Defendant, from around April 201, constructed and sold a canal well on the land of Gyeonggi-gun D, Gyeonggi-do, for the use of the victim’s land, etc. as collateral, received a loan from the victim E and processed the loan-related business for the victim.
On June 2, 2011, the defendant allowed the defendant's female-friendly job offers F to lend 200 million won to the victim, and received 40 million won from the victim under the name of the prior interest to be paid to F, and kept it in custody for the victim on duty.
Around that time, the Defendant embezzled 20 million won out of the above money in Gyeonggi-gu D D, without paying interest as a prior interest, and arbitrarily used it for personal use by the Defendant.
B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence in its judgment.
3. The judgment of this Court
A. In a criminal trial, the facts constituting a crime must be based on the evidence, and the degree of proof should reach the extent that there is no reasonable doubt, and the prosecutor is responsible for such proof. Therefore, if there is no such evidence, the defendant is doubtful of guilt.
Even if there is no choice but to judge the interests of the defendant.
B. The record reveals the following facts.
(1) On March 201, 201, there is a dispute between the victims and the partners of other canal wells sales business they have promoted.