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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence submitted by the prosecutor of mistake of facts, the court below acquitted all of the facts charged, although the defendant embezzled the money in the victim's deposit account as stated in this part of the facts charged, and the intention of embezzlement of the defendant could be sufficiently recognized. Thus, the court below erred by misunderstanding of facts.
B. The lower court’s sentencing is too unjustifiable and unreasonable.
2. Determination
A. 1) The summary of this part of the facts charged is as follows: A Co., Ltd., Ltd. (hereinafter “instant Mart”) operating the victim C in Gwangju North-gu.
(A) From around November 2007 to March 4, 2017, the Defendant was a person who comprehensively managed the operation of the said marina, such as sales of goods, settlement of accounts, and store management, while working as the shop for the instant marina. (A) On the part of the victim’s husband, around November 2007, the Defendant was placed in a bank account (J) and its password in the name of the victim to use it for the operation of the said marina.
Around January 28, 2009, while the Defendant kept the said deposit passbook for the victim, the Defendant withdrawn KRW 14.5 million from the French land and used it for the Defendant’s auction proceeds for the real estate auction proceeds. In addition, from around that time to November 5, 2013, the Defendant withdrawn the sum of KRW 61.5 million over six occasions from around that time, as indicated in [Attachment Table 2. No. 2. 1 to No. 6], and used it for the Defendant’s personal purpose.
B. Around April 29, 2016, the Defendant, while working as the store of the instant marina, spent 10,511,000 won for personal purposes, including the Defendant’s living expenses, etc. around that time while working as the store of the instant marina and being in custody for the victim, and subsequently spent 10,51,000 won for a total of six occasions from that time to January 2017, as indicated in the attached Table 3.