Text
The judgment below
The guilty part shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.
Reasons
1. Summary of grounds for appeal;
A. Defendants 1) misunderstanding of facts and misunderstanding of legal principles were all the Defendants and F, and there was an implied agreement between the Defendants to use part of the construction cost paid from the Han River Construction individually and to reflect it in all at the time of settling accounts after the completion of the construction work. Even if not, since the Defendants left the partnership by preparing a written agreement on April 29, 201 that the Defendant transferred the business right and shares to B and gave up the business, it cannot be deemed that the Defendants had the criminal intent of embezzlement even if the Defendants used the said construction cost personally.
B) As the money of KRW 2,252,960 and the amount of KRW 17,00 per annum No. 13 of the attached Table 13 of the lower judgment’s judgment was used for the victim or algori Corporation, the crime of embezzlement is not established (the above Defendant is a fund used for the algori Corporation to pay KRW 15,00,000,000,000,000,000,000,000,000,000,0000,000,0000,0000,000,000,000,000
(C) Defendant B, upon request of Defendant A who managed the funds, borrowed money in the form of a monthly payment for the Defendant’s monthly wage, there was no intention to commit embezzlement.
2) The sentence imposed by the lower court on the Defendant (Defendant A) is too unreasonable. B. According to the evidence submitted by the Prosecutor, the lower court’s judgment that found the Defendants guilty of forging each of the instant facts charged and uttering of the falsified Private Document, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2. Determination ex officio (the guilty part of the lower judgment) on February, 200, is erroneous.