횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the charge despite the fact that the defendant embezzled the vehicle as stated in the facts charged.
2. Prior to the judgment on the grounds for ex officio appeal, the Prosecutor’s judgment was examined ex officio, and the entire facts charged was determined on August 16, 2017 by the Daegu District Court on June 9, 2017 and sentenced to six months of imprisonment for fraud, embezzlement, one year of suspended execution, and the judgment became final and conclusive on August 16, 2017.
In addition, “The subject of the judgment of the court below is changed by this court’s permission for the modification of the indictment, which adds “Article 37 and Article 39(1) of the Criminal Act” to “Article 37 and Article 39(1) of the Criminal Act,” and the subject of the judgment of the court below was no longer maintained.
However, the prosecutor's assertion of mistake that is not inconsistent with this is still subject to the judgment of this court, and this is examined differently in relation to this.
3. Determination as to the prosecutor's assertion of mistake of facts
A. The summary of the instant facts charged is as follows: (a) the Defendant entered into a car lease agreement with the Defendant on the instant vehicle for the victim’s slot Capital Co., Ltd. (hereinafter “victim”) and Cdisber 4 passenger cars (hereinafter “instant vehicle”) and was in custody of the instant vehicle for the victimized Company; (b) on February 5, 2015, the Defendant embezzled the instant vehicle by delivering the instant vehicle to the land owner in the vicinity of Osan-si without the consent of the victimized Company.
B. The lower court determined as follows, based on the records of the instant case, concluded a contract for the lease of motor vehicle facilities (management lease) with the Defendant to pay monthly rent of KRW 1,912,300 for the victimized company and the instant motor vehicle on September 18, 2014, and ② D takes over F where E Co., Ltd (hereinafter “E”) was at Osan, around February 5, 2015.