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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (legal scenarios) was concluded between the victim E and H on December 24, 2007 on the F golf membership owned by the victim (hereinafter “the instant golf membership”). At this point, only at this point, the Defendant’s status as a custodian for the said golf membership purchase price should be deemed to be established.
Therefore, it is reasonable to view that the starting date of the statute of limitations for the defendant's occupational embezzlement crime was December 24, 2007, and the prosecution of this case was instituted before the statute of limitations expires.
Nevertheless, the court below judged that the statute of limitations has expired and sentenced the defendant to be acquitted, and the court below erred by misapprehending the legal principles.
2. Determination
A. The summary of the facts charged in this case is a person who engages in the business of mediating golf course membership rights, etc., and around September 2007, the defendant received all documents necessary for the sale of the above membership from the victim E upon the request of the victim E to sell the F golf membership in the first floor coffee shop in Jung-gu Seoul Metropolitan Government.
around that time, the Defendant re-entrusted the sale of the above golf membership to G working for the Non-Korean Exchange of Non-Korean Membership Rights, and received the payment of KRW 10 million on Nov. 14, 2007 and KRW 268 million on Nov. 20, 2007, respectively.
On December 24, 2007, while the Defendant received and kept KRW 278 million from the non-exclusive membership exchange, the Defendant entered into a sales contract for the said golf membership with the victim and H on December 24, 2007, and the status of a person who keeps the said money in business for the victim was finally determined from the time of the conclusion of the sales contract for the said golf membership, and thus, the Defendant was obligated to immediately pay the said money to the victim or keep it as a good manager for the victim, despite the occurrence of the duty to keep it as a good manager, the Defendant is a golf membership that