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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant, as the representative director of the Victim Company F (hereinafter “victim”) and the representative director of the Victim Company F (hereinafter “Defendant”), engaged in the conduct of business, such as fund execution, of the Victim Company, as a shareholder of the Victim Company, engaged in the overall control of the Victim Company. HH driving institutes (hereinafter “H”) and I driving institutes (hereinafter “I”) were also established and operated by the Defendant personally.
In addition, in light of the fact that the Defendant paid the remainder after paying the down payment in KRW 20 million to V, the Defendant was aware that the down payment is paid with the funds of the victim company.
Nevertheless, the lower court rendered a judgment of not guilty of all the facts charged by misunderstanding the facts.
2. Determination
A. From September 16, 2010 to January 24, 2013, the summary of the facts charged in the instant case: (a) the Defendant, while working as the representative director of the victim company, was registered as an employee of the victim company in the form of the employee of the victim company in charge of the management of the victim company, fund management, employment of employees, etc.; (b) around October 2010; (c) around November 2010; and (d) around November 2010; and (d) around November 201, the Defendant personally opened and operated the I and operated the I, thereby paying the I employee’
(1) On January 20, 2012, the Defendant, at the victim’s office located in Seocho-gu Seoul Metropolitan Government, had an employee in charge of finance transfer total of KRW 15,56,173 to the I’s account, including K, etc., and used at will KRW 205,268,79, total sum of the I’s pay and four insurance proceeds, from around that time to December 28, 2012, and (2) at the same place on March 15, 2012, T transfer KRW 100,000 to the I’s account of the victim’s company to transfer KRW 100,000 from that time to December 17, 2012, and used KRW 363,000,000 as the I’s operating expenses at will, and at the same place on March 15, 2012, as the victim’s shares at the same time, from that time to December 17, 2012