횡령
All appeals by the Defendants are dismissed.
Article 355 of the Criminal Code is applicable to the entry in the column of application of statutes of the lower judgment.
1. The summary of the grounds for appeal is that Defendant A received from the victim the down payment pursuant to the sales contract for Edabnb (hereinafter “Danbnb”) owned by Defendant A, and at the same time, Defendant A owned the down payment. Thus, even if the Defendants consumed it, the crime of embezzlement is not constituted. However, the court below found Defendant guilty of the facts charged in this case, and there is an error of law by mistake of facts.
2. In full view of the evidence duly admitted and examined by the court below, the victim was asked for the verification of authenticity and paid 5 million won to the defendant A with the security deposit for the return of the above Dan-kn-kn-kn-kn-kn-kn-kn-kn-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k
3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no reason for the appeal, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and Article 355(1) of the Criminal Act on the grounds that it is obvious that the entry in the column of application of the lower judgment is an error under Articles 35