횡령등
The defendant's appeal is dismissed.
The summary of the grounds for appeal is that the money that the Defendant received from M&M (hereinafter referred to as “Land Countermeasure Committee”) is paid to each mortgagee of the instant building by the Land Countermeasure Committee’s resolution, based on the fact that the Defendant promised to fully grant land expropriation compensation, which is the owner of the land expropriated at Daejeon (hereinafter referred to as “NM”), Z, and AA, which is the owner of the land expropriated at Daejeon. As such, the land Countermeasure Committee’s provisional attachment of land expropriation compensation and the payment was made to each mortgagee of the instant building by the resolution of the Land Countermeasure Committee, it is not the co-owner of the instant building, but the land Countermeasure Committee’s activities and the creation of mortgage belongs
In addition, there are circumstances in which it is difficult to easily determine the amount to be paid to the defendant due to the settlement of KRW 500,000 paid to the Land Countermeasure Committee for the creation of a right to collateral security and the settlement of the unpaid management expenses of the building of this case between the defendant and the victim. Therefore, the defendant is merely obligated to pay the remainder to the victim
The Defendant, as the actual owner of the instant building No. 217 (hereinafter “instant building No. 217”), prepared the instant lease agreement with the permission of D having the authority to manage and dispose of it, and did not use the forged lease agreement.
Judgment
The intention of unlawful acquisition of relevant legal principles refers to an intention to dispose of another person's property in violation of his/her duties, such as his/her own property, for the purpose of seeking the benefit of himself/herself or a third party, and shall not be deemed to have no intention to obtain unlawful acquisition on the ground that he/she has an intention to return or compensate for it later.
In addition, the crime of occupational embezzlement is established when the intent of the above illegal acquisition is finally indicated, so the crime of embezzlement is committed.