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The prosecutor's appeal is dismissed.
Reasons
1. The Supreme Court has jurisdiction over the whole of a single offense in a case where the Supreme Court has jurisdiction over a part of a single offense as to the gist of the grounds for appeal
It is reasonable to see that the instant crime constitutes a single comprehensive crime. In full view of the fact that part of the instant crime was committed in the Republic of Korea, there is a jurisdiction in the Republic of Korea over the entire instant crime.
Since it is reasonable to see that public prosecution should be dismissed for crimes committed outside the Republic of Korea, the judgment of the court below is erroneous in the misapprehension of legal principles and omission of judgment.
In addition to the misunderstanding of legal principles at the first trial date, the prosecutor stated the grounds for appeal on the grounds of unfair appeal. However, there is a statement in the petition of appeal submitted by the prosecutor and the reason for appeal that legitimate grounds for appeal concerning the improper sentencing are stated
Since it cannot be seen that there is no separate judgment as to the unfair argument of sentencing.
2. Determination
A. The summary of this part of the facts charged is a foreigner of the U.S. nationality who works as an employee of the victimized Company E (E; hereinafter “ victimized Company”) that is a U.S. legal entity, and the Defendant kept funds deposited in the deposit account of the victimized Company for business purposes while taking charge of the entire business management and fund management of the victimized Company.
① On January 21, 2015, the Defendant withdrawn USD 500 ($ 541,850 equivalent to KRW 541,850) from ATM’s bank account (Account Number I) and voluntarily consumed it for personal purposes, using a physical check connected to the U.S. bank account (Account Number I) and then withdrawn from 1 to 174, 196 through 211, 224 through 262, 304 to 315, and 241, from 241, the Defendant voluntarily released 5,000 U.S. dollars from 241 to 25,000 during the period from around that time, to July 15, 2016, the list of crimes (hereinafter referred to as “the list of crimes”); and