(영문) 서울고등법원 2019.03.15 2018노2648 | 리걸엔진

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(영문) 서울고등법원 2019.03.15 2018노2648

특정경제범죄가중처벌등에관한법률위반(횡령)

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The defendant's appeal is dismissed.

Reasons

Since the defendant knew that he had deposited money into the account B in the name of the defendant, and did not know that he was the money of the victim, the defendant did not have the intention of embezzlement.

The sentence of unfair sentencing (three years of imprisonment) by the court below is too unreasonable.

Judgment

As to the assertion of mistake of facts, the lower court found the Defendant guilty on the ground that, in full view of the circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the statement of “B was believed to have been trusted, prior to receiving KRW 500 million from the victim on January 9, 2013, or the head of the Tong containing KRW 500 million from the Defendant on the same day, and the said money was kept in custody by the victim.” The statement of “B is deemed to have been aware of the circumstances that KRW 500 million deposited in the passbook in the name of B was being kept in custody by the victim,” and according to the statement of “B” under the above reliable B, the Defendant was guilty of the charges against the Defendant.

Comprehensively taking account of the circumstances indicated by the lower court and the following circumstances acknowledged by the evidence adopted and investigated by the lower court and the lower court, it is sufficiently recognized that the Defendant, while being deposited in the account in the name of B, was aware that the KRW 500 million was received from the victim for the mere purpose of confirmation, he/she withdrawn and embezzled it in collusion with B.

The decision of the court below is reasonable, and there is no error of law by mistake.

B On January 9, 2013, after receiving KRW 500 million from the victim to his bank account, the Defendant issued a passbook with KRW 500 million deposit money to the victim, and the Defendant did not run the business of raising underground funds until January 2013.

The defendant runs his business to ask the reasons why the progress is delayed.

유사 판례

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