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(영문) 서울고등법원 2011.12.15 2011노2684
업무상횡령
Text

All appeals filed by the Defendants and by the Prosecutor against Defendant C are dismissed.

Reasons

1. Judgment on Defendant A’s assertion

A. As to the assertion that the money deposited in the national bank account in the name of M on December 3, 2003 was not money in the course of business for the victim K, the court below held that the use of the money arbitrarily by the defendant A was the crime of embezzlement against the victim K, since it is reasonable to view that the defendant A was in the course of business with the authority to dispose of the money in the above KRW 30 million from the victim K and was in the national bank account in the name of his own name. In light of the records, the court below's determination is acceptable, and there is no error of misconception of facts as alleged by the defendant A, and the judgment of the court below is not erroneous in the misapprehension of the legal principles as to the defendant A's embezzlement of KRW 20,202,000,000,000 from November 4, 2005 and December 31, 2005.

3. As to the assertion that the amount of KRW 17.4 million received from the Z around September 2, 2005 was not the money in the occupational custody of the Defendant A for the victim A as the owner of AD, the lower court, based on its stated reasoning, embezzled while Defendant A was in the occupational custody of the victim A, by receiving KRW 17.4 million from the Z at the time of withdrawal from the Z during the transactional relationship, as the performance assistant of the “is the L of Books operated by the victim AA” around September 2005.

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