업무상횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is that the Defendant is in a custodian entrusted with financial affairs by the Committee on Residents B of the Victim B, and the ownership of the money for laundry services received from F, etc. (hereinafter “the instant transaction partner”) in the internal relationship between the Defendant and the victim is the victim.
In addition, the transaction partner of this case knew that he entered into a contract with the laundry factory operated by the victim, and the corporation E, which entered into a service contract with the transaction partner of this case, is de facto Facecom. Thus, it accords with the economic substance to regard the service cost received from the transaction partner of this case as the victim's ownership externally.
Therefore, the above service costs constitute “other’s property” in the crime of embezzlement, and thus, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.
2. The grounds for appeal by the ex officio determination prosecutor are examined ex officio prior to the determination thereof.
In the trial of the case, the prosecutor applied for the amendment of the indictment with the content that adds the facts charged as stated below (the reasons for the judgment in multiple times) as stated in the facts charged below (the reasons for the judgment in this case), and this court permitted it, and recognized the defendant guilty of selective addition of the facts charged as shown below. As such, the judgment of the court below became impossible to maintain it as it is.
3. The judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's grounds for appeal, and the judgment below is reversed ex officio and it is again decided as follows, after pleading, so long as the court below found the defendant guilty of selective charges added to this court.
[Grounds for the judgment of multiple times] Criminal facts (the fact of the preceding offense).