The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Summary of Grounds for Appeal

The reason for appeal that no longer falls under the category of the final facts charged shall be omitted by the court of fact-finding or misunderstanding of legal principles after permitting the prosecutor's application for changes in indictment at least four times in the trial.

(1) Money transferred by the defendant from the account of the victim C Co., Ltd (hereinafter referred to as "victim Co., Ltd.") to the account of the defendant is used by the defendant for the damaged company or the defendant's money is used for the operation of the victimized company first and is repaid later from the victimized company. Therefore, the defendant has

In other words, if the account of the victimized company is not connected to the account and it is necessary to cash in the company due to the absence of the cash card, it was transferred from the account of the victimized company to the account of the Defendant to the Internet banking, and then it was found that the victimized company used the cash card of the Defendant’s account to use the cash for the company’s funds

In addition, when the operating funds of the damaged company are insufficient, the defendant first used the money borrowed from his own money or the person to the account of the victimized company for the company's business expenses or paid the company's business expenses by the defendant's credit card first, and received the money from the victimized company.

② Furthermore, the lower court recognized the entire amount transferred from the Defendant’s account to the Defendant’s account as embezzlement without considering all the details of transfer from the Defendant’s account to the Defendant’s account. Since it is apparent that there is no intent to obtain unlawful acquisition with respect to the part corresponding to the amount transferred to the victimized company, embezzlement is not established.

The imprisonment (two years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

In the trial of the case, the prosecutor of the judgment ex officio applied for changes in the indictment with the contents of the changed indictment as seen later, and the same is the object of the judgment by this court.