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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) is that the deposit for the lease of the 6 household unit of the Incheon-gun G apartment in Gangwon-do (the 101, 203, 204, 303, 304, and 503 collectively referred to as "the apartment of this case") owned by D Co., Ltd. (hereinafter referred to as "victim Co., Ltd."), and the judgment of the court below that acquitted the defendant who has used the deposit voluntarily and intended to obtain unlawful permission, was erroneous in the misapprehension of the facts of this case.
2. Determination
A. The summary of the facts charged is that the Defendant is the chairperson of the Victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) in Jung-gu Seoul Metropolitan Government and is in charge of overall management and supervision of the Victim Co., Ltd., Ltd., and E is a person who performs substantive duties as the former director of the Victim Co., Ltd., and F is the latter president who was appointed as the representative director of the Victim Co., Ltd. from April 14, 2005 to September 28, 2005.
E on April 1, 2005, with the consent of the defendant for the purpose of using the apartment as a security for the business of the victim company, purchased at the expense of the victim company in the name of Jung-gun G apartment in Gangwon-do (hereinafter collectively referred to as "the apartment of this case") 1.5 million won from the seller H, and transferred the registration of ownership of the apartment of this case to the name of F, the "the President of the Republic of Korea" of the victim company for convenience.
After renting the apartment of this case, the Defendant received a letter of delegation from E, a certificate of personal seal impression, etc. from E to August 19, 2005, with the intention of embezzlement of the lease deposit, and from August 1, 2005 to August 19, 200, in the G apartment of Gangwon-do, the lessee No. 101 out of the apartment of this case is KRW 12 million from the lessee I, KRW 203, KRW 15 million from the lessee J, KRW 204 from the lessee K, KRW 15 million from the lessee K, KRW 303, KRW 15 million from the lessee, and KRW 304 from the lessee.