업무상횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
The application for compensation order of this case shall be dismissed.
1. Summary of grounds for appeal;
A. The fact that the defendant, as stated in the attached list of crimes in the decision of the court below, transfers money from the corporate bank account of the victim E or uses money in cash, but the decision of the court below which found the defendant guilty of the facts charged of this case by misunderstanding the facts and adversely affecting the conclusion of the judgment, although the defendant's return of money that the defendant lent to the victim in cash or with the defendant's funds in the course of conducting business was not embezzlement.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor withdraws the part of “3,200,000 won on May 31, 201” in the attached Table 31 of the facts charged in the instant case, which read “12,529,662 won on a total of 97 occasions” in the main text 13, which read “12,529,662 won on a total of 97 occasions,” and applied for amendments to the indictment, which read “109,329,662 won on a total of 96 occasions,” and the subject of the judgment of the lower court was different by granting permission to a party member, and thus the subject of the judgment was no longer maintained.
However, the defendant's assertion of mistake of facts is still subject to a party member's inquiry, and this will be examined below.
3. According to the evidence duly adopted and examined at the court below's decision on the assertion of mistake of facts and the records of this case, the defendant, who was a financial accounting employee operated by the victim and managed the passbook of this case, stated as if he remitted money to the account of the defendant or the defendant's seat, etc., while conducting Internet banking as stated in the judgment of the court below, has transferred the money to the account of the defendant or the defendant's seat, etc., and used it individually or has withdrawn more than the cash required for normal execution of the fund.