All appeals by the defendant and the prosecutor are dismissed.

The summary of the grounds for appeal (unfair sentencing) of the defendant is unfair because the sentence imposed by the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

As long as the amount of Y’s benefits was paid to another account by means of false labor contract with the prosecutor (misunderstanding of facts and misapprehension of legal principles as to the portion of a crime without fault), the Defendant’s assertion that the amount of Y’s benefits was paid to the other account is not persuasive and rather, used for the Defendant himself/herself or a third party. In the event of raising funds by means of false transaction fees, the Defendant used it for personal purposes as long as the Defendant did not disclose the place of use, and in the event of raising funds by means of false cost, it is difficult to deem that it was treated as having been paid only as the cost was paid.

I would like to say.

Nevertheless, the judgment of the court below which acquitted the defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) is erroneous in the misapprehension of legal principles, which affected the conclusion of judgment

Judgment

As to the Prosecutor’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, the lower court, in full view of the following circumstances, determined that the Defendant raised funds for the purpose of using the funds regardless of the work of the damaged party E or consumed the funds for personal purposes.

As it is difficult to see that the defendant's intention to obtain illegal acquisition cannot be recognized, and the defendant was acquitted on this part of the facts charged.

(1) We examine the funds using the false labor contract.

The fact that the Defendant, as described in this part of the facts charged, deposited KRW 43,368,980 in the deposit account in the name of I, G, and F, in total, from January 13, 201 to January 20, 2012 is recognized.

It is recognized that the above deposited money was withdrawn by the defendant and consumed for personal purposes.