횡령
The defendant's appeal is dismissed.
1. The gist of the grounds of appeal is that the transferee of the instant singing book was not “E” but “H”. Since H did not pay the Defendant the proceeds of the instant singing book transfer, the proceeds from the sales of the singing card recorded in the facts charged were the money belonging to the Defendant, and the Defendant did not have the money in custody for “E.”
Nevertheless, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant refused to request the issuance of the proceeds from the sale of E and embezzled, even though the Defendant transferred the instant singing room to E on May 21, 2014, and agreed to receive the payment of the premiums, and agreed to vest the proceeds from the instant singing sales in E.
may be appointed by a person.
Even as alleged by the Defendant, the monetary claim relationship between the Defendant and H was not determined at the time
Even if this is a problem between the defendant and H, it can not be a justifiable reason for the defendant to refuse the request for payment of E sales revenue.
① On May 21, 2014, the Defendant entered into a contract with E to transfer the instant singing room to E with a premium of KRW 30 million and a lease deposit of KRW 10 million.
② E completed the Defendant’s obligation to pay money by paying the Defendant the premium of KRW 30 million on the day of the above contract.
③ However, as at the time, E was scheduled to stay in a foreign country from the time of the conclusion of the above contract to June 10, 2014, H had to operate a singing room for E during the said period.
(4) The original E will take over a singing room after returning on June 10, 2014.
However, on May 21, 2014, upon requesting the Defendant and H to take over the premium, the Defendant took over the singing room from the Defendant and immediately paid the entire premium to the Defendant.
(5) E shall be the defendant.