(영문) 부산고등법원 2015.10.14 2014노598 | 리걸엔진

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(영문) 부산고등법원 2015.10.14 2014노598

특정경제범죄가중처벌등에관한법률위반(사기)등

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The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. For the following reasons, among the facts charged in the instant case, the Defendant cannot be deemed to have been in the position of keeping another person’s property, and the amount of embezzlement indicated in the instant facts charged is not used for personal purposes, but for commercial building management, and thus, the lower court found the Defendant guilty of this part of the facts charged by misapprehending the facts.

1) The money deposited into the J account as stated in this part of the facts charged was most remitted from the management expenses account of the D Management Body, and the money deposited into the said management expenses account is the D Commercial Building (hereinafter “instant commercial building”).

(2) The court below’s statement of the court below, which the court below decided as evidence of guilt, cannot be deemed to have held the status of keeping another’s property as to the whole amount of embezzlement as stated in the above facts charged in relation to the above commercial building owner. (2) The defendant stated in the prosecutor’s office that he was individually used for approximately KRW 50,000,000, which was transferred to K’s account in this part of the facts charged, and that the defendant had no choice but to borrow the name of the defendant’s family member, his person, etc. from among the facts charged.

3) Of the facts charged in this part, there is no other evidence to prove guilt in addition to the statement by the J, and it is reasonable to view that the Defendant used the following money for the management of commercial buildings, not for personal use, in light of the following facts. A) The Defendant, a representative director of the E-listed corporation, was the embezzlement portion (the total amount of KRW 40,000,000 in the name of S) Nos. 13, 16, 18, and 28 (the remittance of the total of KRW 40,000 in the name of S) as to the four embezzlement portion under the following four of the facts charged, and the AL transferred the leased building to E, and E, a corporation

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