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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Illegal sentencing of Defendant A (the sentence of the lower court: two years of imprisonment and four years of suspended execution)
B. As to the relationship between Defendant B and J, it should be viewed that the instant lease deposit belongs to J in the misapprehension of the legal principle (Embezzlement part of the lower judgment) and Defendant B.
B. In light of the circumstances leading up to the conclusion of a lease agreement, the statement made by A and J, the legislative intent of the Real Estate Real Name Act and the scope of a third party protected by the Act, etc., the above defendant is in the status of keeping the lease deposit of J under the entrustment relationship under the principle of good faith or management
may be seen.
Therefore, the court below erred by misapprehending the legal principles.
2) Improper sentencing (the sentence of the lower court: a fine of KRW 5 million)
2. The court below rejected the applicant E’s application for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation did not file an objection against the judgment dismissing the application for compensation. Thus, the part dismissing the above application for compensation was immediately finalized.
Therefore, the dismissal part of the judgment of the court below is excluded from the scope of adjudication of this court.
3. Determination
A. As to the prosecutor’s assertion of misapprehension of the legal principles as to Defendant B (the part on embezzlement), the lower court rendered a judgment not guilty of the above charges, on the following grounds, on the following grounds: (a) the lease deposit that the J paid to the above Defendant belongs to J in the relationship between Defendant B and J; and (b) it is difficult to recognize that the said Defendant was in a custodian’
① The J was introduced as trustee under the name of the said Defendant when concluding a lease agreement with A on the apartment of this case.
Since the apartment house of this case is registered as owned by the above defendant, the above defendant was prepared as the lessor.
The J may request the lessor under the lease contract to “a transfer the deposit to his own designated account.”