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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles (the embezzlement of KRW 200 million deposited in the substitute securities account) that the Defendant deposited KRW 200 million out of KRW 350,000,000,000,000, which was remitted from the original branch of the department store for the victim merchants' association, into the securities account in lieu of the personal name of the Defendant. However, in light of the fact that the Defendant attempted to return the said money to the original branch of the department store but the head of the original branch refused to return it, but the Defendant did not use the money deposited in the said substitute securities account for personal purposes, the Defendant’s act is merely merely a simple change in the method of storage to keep it for the victim's merchant association, and it is difficult to view that the Defendant did not intend to obtain unlawful profits, and thus, the Defendant’s act does not constitute the crime of embezzlement. However, the judgment below convicting the Defendant of this part of the facts charged
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. The prosecutor must prove that there is an act of embezzlement as an act of realizing the intent of unlawful acquisition and intent in determining the mistake of facts. The evidence should be based on strict evidence with probative value, which makes the judge not more likely to have any reasonable doubt. If there is no such evidence, the doubt of guilt against the defendant even if there is no such evidence.
Even if there is no choice but to determine the profit of the defendant as the interest of the defendant. However, the defendant's assertion is the place of use, such as the defendant's failure to explain his whereabouts or place of use, or disclosure of the funds used in the place of use claimed by the defendant are appropriated for other funds.