업무상횡령
The part of conviction (including the part not guilty) of the judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. Defendant (unfair punishment)’s imprisonment (two years of imprisonment) is too unreasonable.
B. In full view of the evidence submitted by the prosecutor of the judgment of the court below, the part not guilty (the crime committed in the attached Table 16 of the judgment of the court below) of the judgment below (the crime committed in the name of the victim's company, but the act of borrowing funds made in the name of the victim's company without the consent or ex post facto consent, and thus, the defendant's intent to obtain unlawful acquisition of interest on the borrowed funds can be sufficiently recognized. Nevertheless, the judgment of the court below which acquitted this part of the facts charged was erroneous and adversely affected the conclusion of the judgment. 2) The court below acquitted the defendant on the ground that the part not guilty in the judgment of the judgment of the court below (the part of occupational embezzlement in the attached Table 57 of the judgment of the court below which was found in the judgment of the court below) of this part of the charges on the ground that the defendant used the borrowed money for personal use, although there are many reliable materials about the fact that the defendant used the money for the above personal use, it was not recorded in the account, which affected the conclusion of the judgment.
2. Determination
A. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the Prosecutor changed “243,867,436 won” as stated in the column for embezzlement No. 57 of the list of offenses in the indictment to “148,631,96 won”, and “3,700,000 won from Z as a P deposit deposit deposit, from A and AB to April 5, 201, from AC to 33,50,000, KRW 69,50,000 from AC, and KRW 48,50,000,000 from AC as a sale deposit, and KRW 49,50,000 from AD as a sale deposit, KRW 48,50,00, KRW AE9,4167,436, total sum of KRW 47,4366, etc. from AEA bank, or deposit it into the Defendant’s non-deposit account in Korea’s account.