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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal (in fact-finding) transferred the ownership of the Defendant to H who supplied steel products of this case, the damaged product of this case.
Although the defendant's act of disposing of steel to another person constitutes embezzlement, the court below erred by misapprehending the fact that the defendant was not guilty, since he stated that he did not receive the price for steel from the defendant, and there is no ground that the ownership of steel belongs to the defendant even in terms of the contents of the contract.
2. The following facts charged are examined ex officio prior to the judgment on the grounds of appeal by the defendant's ex officio, and the prosecutor raised the case at the trial.
3.(a)
The judgment of the court below is no longer able to maintain it in this respect because it applied for changes in the contents as stated in the same paragraph, and this court permitted changes in the contents of the judgment.
However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court, and this is examined below, even if there are such reasons for ex officio reversal.
3. Judgment on the prosecutor's assertion of mistake of facts
A. The summary of the facts charged of the instant case is as follows: “The Defendant entered into a contract with H-BEM Steel and Soil 400 tons of the victim I’s market price, which is a steel lessee, for the purpose of 260 million won in the market price owned by H-BEM steel 400,000, which is the victim of the instant building site, with respect to the construction of the Gwangju Ftel (supply supplied by the Defendant from the owner G) undertaken in Gwangju Mine-gu, Gwangju-gu, Gwangju-gu, and used it for the purpose of tamping or supporting the ground-breaking work at the instant construction site, and the said construction was suspended due to the owner’s default, while the said construction was kept for the victim and the on-site creditors, the collapse of adjacent land is anticipated, and the said victim and H have not been recovered for at least five years.