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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal asserts that the crime of embezzlement is not established, since the Defendant agreed to use the victim’s money in the passbook as common expenses in Indonesia between the victim and the Defendant.
2. Determination
A. The following circumstances revealed by the evidence duly adopted and examined by the court below, i.e., ① the victim stated in the court below that the purpose of using 5 million won which he/she was a witness and the defendant constitutes personal expenses (the 30th page of the record of trial) but the victim who made a statement in the investigative agency himself/herself bears the burden of expenses incurred in Indonesia on the ground that the victim bears the G Aeronautical fees.
I will comply with this.
The problem is that the defendant's personal use of the expenses to be jointly used will be the problem.
“The evidence record 171 pages) and G did not coincide with the testimony at the original trial (5.7 pages of the trial record). The above five million won appears to be the money created by the injured party with the defendant and G during the Indonesian business trip period. ② On the other hand, G demanded the injured party to return the above money at the injured party’s request during the business trip (5th page of the trial record, 171, 174 page of the evidence record), the fact that the injured party (the injured party or G) demanded the return of the said money at the defendant India investigative agency (173th page of the evidence record), ③ the accused refused the above request for return, and the defendant did not obtain the consent from the injured party while using the above five million won (172 and 173th page of the evidence record). Even if the above five million won was common expenses, G voluntarily refused the victim’s or the defendant’s request for return of the said money, and thus, it constitutes embezzlement.
B. Therefore, the court below erred by misapprehending the facts charged in this case.