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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
However, the period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. In relation to the facts of the crime No. 1 (hereinafter “the facts charged”), as indicated in the judgment of the court below, the Defendant used the money kept for an agreement, which is the purpose of delegation by the victim, or used it as one’s own possession contrary to the intent of delegation. Thus, the Defendant’s intent of embezzlement or intent of unlawful acquisition cannot be recognized.
Nevertheless, the lower court found the Defendant guilty of this part of the facts charged by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court to the Defendant (one year and two months of imprisonment) is too unreasonable.
2. Determination:
A. As to the assertion of misunderstanding of facts or legal principles, the court below rejected the above argument in detail, and in light of the evidence duly admitted and investigated by the court below, the court below rejected the above argument. Thus, the court below's determination on this part of the facts charged is just. Thus, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is without merit. [On the other hand, while paying KRW 300 million to the defendant's deposit account, the defendant paid KRW 120 million in substance as well as KRW 120 million in his own fund in addition to KRW 300 million in fact, it was additionally used, so the defendant did not have an intention to acquire illegal profits. However, the records are closely examined, even if it was transferred from the E on May 2, 2012 to one bank under D's name (Evidence 104,000,000 won in total (Evidence 1030,000 won in evidence record), and the source of the defendant's own fund in his name is M (see this part 800,00,00,00 million won in actual account of the defendant's account.