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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the relationship between the Defendant and the victim, the cause of monetary entrustment, etc. recognized by the prosecutor’s summary of the grounds for appeal, the victim is recognized as having entrusted the Defendant with money for a specific purpose and purpose.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.
2. Determination
A. The summary of the facts charged is as follows: (a) from July 2016, the Defendant: (b) purchased neighboring buildings owned by Seocho-gu Seoul E in the name of C, and proceeds from the purchase of neighboring buildings owned by C in the name of C to sell them to multi-household houses (hereinafter “G projects”); and (c) purchased neighboring buildings owned by the Seocho-gu Seoul Metropolitan Government E from November 201, 2016 in the name of C; and (d) took charge of rebuilding and selling them to multi-household houses (hereinafter “G projects”).
1) The Defendant’s occupational embezzlement related to the account under the name of H Co., Ltd. for the purpose of running G business around November 2016 (hereinafter “H”).
After its establishment, C used the remitted funds to keep them for business purposes in the I Bank Account (J) in the name of H, and used them for the purpose related to the above business. On March 24, 2017, C transferred 3,792,320 won under the pre-transfer of funds to the I Bank Account in the name of the Defendant’s wife and embezzled them for personal purposes by voluntarily using them for the Defendant’s personal purposes. From that time to September 12, 2017, C’s total amount of 45,811,320 won under the name of C (M) (hereinafter “C”). From that time, the Defendant used the I Bank Account Account Account (N) in the name of C (M) for the purpose related to the above business, and used them for the purpose related to the above business as a total amount of money embezzled by using C’s funds for business purposes, including 18 times until September 12, 2017, 10.