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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is that the judgment of the court below which acquitted the Defendant of the charges of this case on the ground that the Defendant did not return the money of this case even though the Defendant requested several times, but returned the money of this case only after the victim filed a complaint and the investigation was commenced.
2. Determination
A. On November 28, 2013, at around 11:30 on November 28, 2013, the Defendant: (a) received 10,000 won check from the victim D; and (b) received 10,000 won check from the victim D and kept 7,000,000 won in custody for the victim; and (c) rejected the Defendant’s request from the victim for the return of the check and the check at the above Defendant’s house around December 2013.
Accordingly, the Defendant embezzled property equivalent to KRW 17 million in total at the market price owned by the victim.
B. On the judgment of the court below, the court below acquitted the defendant on the ground that the defendant's assertion that he did not have the intention of embezzlement according to the victim's legal statement was persuasive.
C. According to the evidence duly adopted and examined by the court below and the court below, the victim was found to have been responsible for one gold galthms equivalent to ten and seven million won in the original check around November 28, 2013, and the victim demanded the return of the said money and gold galms to the defendant with his wife around the end of the end of December 2013, but the defendant refused this request, and the victim filed a complaint with the investigative agency on January 6, 2014, and the defendant returned the said money to the victim after being investigated by the investigative agency on the 12th of the same month. In light of the above acknowledged facts, the defendant was found not guilty of the charge of this case since he had an intentional embezzlement and returned the said money and gold galms to the victim.