(영문) 대구지방법원 2016.10.21 2015노1810 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2016.10.21 2015노1810

횡령

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The gist of the grounds of appeal is that the investment funds paid to the Defendant by the victim are specified for its use. As such, the Defendant is in a position to keep the above investment funds for the victim, and the above investment funds cannot be deemed to be owned by the Defendant. Thus, it constitutes embezzlement to treat the above investment funds by offsetting the claim against E at will without the victim’s consent, and to refrain from using bonds that have not been actually paid. However, the Defendant’s consumption of the money that the victim received from the victim cannot be an embezzlement, and it is difficult to readily conclude that the Defendant had the intent of embezzlement or illegal acquisition, thereby not guilty of the facts charged in the instant case, or by misapprehending the legal principles on embezzlement, which affected the conclusion

2. On December 13, 2011, the Defendant agreed to make an investment in the instant case with the victim C, D, and E, and with the victim C, and with the victim C, C, E, and D, under the condition that the victim and D hold 25% of the aforementioned business shares, the victim C and D shall hold 100,00 U.S. dollars on December 20, 201, and 150,00 U.S. dollars on January 20, 201, and 30,000 U.S. dollars on February 20, 201, respectively, to make an investment with the victim C, D, and E, and to receive the victim’s investment funds from the victim C and deliver them to the said E.

Pursuant to the above agreement, the Defendant: (a) was transferred from the victim C; (b) on December 20, 201, to the F account that is the Defendant’s birth; (c) KRW 117.1 million under the name of investment; and (d) on March 2, 2012, the Defendant used the Defendant’s business funds, etc. at will, and embezzled the amount of KRW 22.6 million under the name of investment in the Defendant’s account for the victim C; and (c) was kept for the victim, the Defendant used the amount of KRW 2.6 million under the name of investment.

3. Determination

A. The intent of unlawful acquisition in the crime of embezzlement is to seek the benefit of himself or a third party.

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