횡령
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts and legal principles) (misunderstanding of facts) was found to have become aware of the fact that the Defendant was wrongfully wired money to the injured party on or after October 2015, he received the text message claiming a return of money from the injured party. After November 19, 2015, the Defendant was investigated by an investigative agency on or after the charge of embezzlement, which was conducted on or after November 19, 2015, and thereafter, he did not return KRW 3 million until December 15, 2015. Thus, the Defendant’s refusal to return did not have justifiable grounds, and the intention of unlawful acquisition is sufficiently recognized.
2. Determination
A. On September 25, 2015, the Defendant: (a) received KRW 3 million from the Victim F to the Defendant’s name bank account (D) from the Victim F; (b) however, the Defendant erroneously remitted the money to the Defendant’s account due to mistake.
As such, the Defendant knowingly rejected the victim’s request for return of the money by December 15, 2015, without responding to the victim’s request for return of the money.
B. According to the evidence duly adopted and examined by the lower court, the lower court: (a) received a request from the E, a member of H, to pay the Defendant one million won in lieu of the amount that the F would have to pay to the Defendant; (b) the F remitted KRW 1 million to the bank account (D) in the name of the Defendant on September 19, 2015; (c) the Defendant received KRW 1 million from the F, and (d) the Defendant received the remittance from the F, to his debt E on September 20, 2015. < Amended by Presidential Decree No. 26548, Sep. 20, 2015>
(a)not only 3 million Won, but also 3 million Won, need not be resolved with money;
Before being ordered, the remainder must be tightly.
I request
(4) The Defendant sent money to E from September 20, 2015 to September 25, 2015, for the purpose of sending a letter letter to E.
The letter text messages sent several times, and the money was sent for September 25, 2015.
The letter letter paper sent seven times, and E is a factory.