사문서위조등
The prosecutor's appeal is dismissed.
1. The defendant's assertion that the money of this case was donated as travel expenses or communal living expenses in the summary of the grounds for appeal is not reliable, and the facts charged of this case are fully recognized in light of C's statement, and the court below acquitted the defendant, and the judgment of the court below is erroneous in matters of law
2. Summary of the facts charged in this case
A. On October 8, 2002, the Defendant received KRW 30 million from C to a new bank transaction D deposit account under the name of the Defendant, and received KRW 30 million from the Defendant on November 30, 2000 on the date of remittance. The Defendant retired from office in December 2001 and operated an apartment guard and cleaning service company in Seoul. On October 8, 2002, the Defendant provided that “The Defendant would have to pay KRW 30 million as the need for funds in order to participate in apartment cleaning and service bidding.” On November 30, 2002, the Defendant received KRW 30 million from the Defendant to the new bank transaction D deposit account under the Defendant’s name. On November 30, 2002, the Defendant transferred the money from the date to November 30, 2002 to 30 million, and voluntarily withdrawn the money from the Defendant’s personal seal impression to 30 million.
While the Defendant borrowed and used a bank transaction G deposit passbook in the name of the victim’s father and F, on October 28, 2007, the Defendant requested the Defendant to deposit KRW 100,000,000 to the said bank account by receiving KRW 576,60,000 from the “I Service Center” around H management to be used in the said shopping district management office, and by receiving KRW 576,60,000 from the said one computer’s market value to be used in the said shopping district management office.
H transferred KRW 2 million to the above deposit account by mistake in the course of remitting KRW 100,00,000 to the above deposit account, and the Defendant was either released in full and used, and the H demanded the return, thereby intending to conceal the above fraudulent fact.