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Acquittal of the accused shall be acquitted.
Reasons
1. The summary of the facts charged is a person who runs 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 on the same day upon the request of the victim E to sell the F golf membership in the first floor coffee shop located 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 KRW 278 million from and kept in custody of the non-exclusive membership exchange, the above money was concluded between the victim and the H, and the status of a person who keeps the above money in business for the victim, and thus, there was a duty to immediately pay the above money to the victim or keep it as a good manager for the victim, despite the occurrence of the duty to maintain it as a good manager for the victim, the Defendant made a false statement to the effect that “the purchaser was unable to trade golf membership membership with the wind to unilaterally withdraw the intention of purchase,” and then used the money arbitrarily for the purpose of living expenses, etc. around that time.
As a result, the defendant embezzled another person's property in breach of his occupational duty.
2. Determination
A. The statute of limitations proceeds from the completion of the criminal act. In the case of occupational embezzlement, the statute of limitations proceeds following the termination of the criminal act when a person who keeps another's property, in accordance with his/her occupational duty, embezzled the property.
In addition, the money received by a person delegated the processing of affairs involving the receipt of money from a third party for the delegating person based on the act is the same as the money entrusted only to the purpose or purpose, except in extenuating circumstances.