횡령
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the lower court found the Defendant not guilty of the part of the lower judgment on “the partial embezzlement of eight owners, such as victim H, etc.” and “the embezzlement of D” and the part on the grounds of appeal submitted by the Prosecutor. However, the lower court did not mention “the point of embezzlement of D” in the petition of appeal and the part on the grounds of appeal submitted by the Prosecutor as to “the point of partially embezzlement against eight owners, such as victim H, etc.” among the part on the grounds of acquittal.
According to the instant evidence, eight written indictments by the Defendant, including the victim H, are indicated as “seven persons,” but it is apparent that it is a clerical error of “eight persons”.
Although the court below acquitted the owner of his own goods of embezzlement of KRW 82,424,00,00, which is part of the above amount of KRW 82,424,00,00, after receiving a request for a consignment sale from the owner of the goods (hereinafter “the owner of the goods”) and then embezzled the amount of KRW 82,424,00,00, the court below acquitted the owner of the goods of KRW 54,151,00 for the following reasons.
A. As to the part of embezzlement calculated by multiplying the unit price by the fraction, which deducts the fraction from the fraction reported from the fractional injury at the store (hereinafter “the part of embezzlement”): The victim H's assertion that calculated the amount of embezzlement of the defendant is reasonable, based on the content of the altano entrustment prepared by the victim’s owner and the data of the president analysis.
B. As to the part of embezzlement calculated by multiplying the number of copies recorded in the account book or the preceding list of the victims and the part of the fraction reported by the unit price (hereinafter “the part”), even if the Defendant does not use the victim’s account book or slips, he may embezzled the difference by manipulating the parts of the store even if the Defendant does not use the victim’s account book or slips.
(c)
The unit price shall be multiplied by a fraction which deducts the fraction reported from the fractional injury in the store.