(영문) 의정부지방법원 2020.02.20 2019노1040

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(영문) 의정부지방법원 2020.02.20 2019노1040

업무상횡령등

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The judgment of the court below (including the part not guilty in the grounds) shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The court below found the defendant guilty of embezzlement of KRW 102,397,579 in total over 531 times, such as the attached list 1 (hereinafter “Embezzlement table”) and embezzlement of KRW 102,39,579 in total (occupational embezzlement), and ② the details of the illegal use of the attached corporate card 1-3 (hereinafter “the table of the amount of breach of trust”) over 62 times, as the defendant arbitrarily used the corporate card of KRW 11,58,576 in total (occupational breach of trust), and found the defendant guilty of embezzlement of KRW 101,097,579 in total over 529 times, and the part of the embezzlement list 262,394 in total is guilty.

Accordingly, the defendant appealed on the grounds of mistake of facts and unreasonable sentencing, and the prosecutor did not appeal the acquittal part of the reasons.

The part of the lower court’s judgment that found the Defendant guilty of the crime of embezzlement as a single comprehensive crime was brought to the trial court, with the conviction part of the crime of embezzlement, but the prosecutor did not appeal and did not appeal, and thus, the lower court’s conclusion of innocence as to this part shall be followed.

However, in the trial of the court, the prosecutor applied for the permission of modification of indictment to delete 39,40 of the embezzlement amount table 262,394 among the facts charged in the crime of embezzlement of occupational duties which was charged by the court below as a single comprehensive crime, and the part which the court below found guilty was found guilty, and the above part was excluded from the judgment.

Therefore, the scope of the judgment of this court is limited to ① the occupational part of the judgment of the court below, except for ① 262, 394 (the part on acquittal in the reason) and 399 and 400 (the part on the charge of oil), and ② the part on the crime of occupational breach of trust.

2. Summary of grounds for appeal;

(a) mistake of facts 1.

유사 판례

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