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Defendant
All the appeals filed by the prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
Since misunderstanding of facts or misunderstanding of legal principles as to the embezzlement against the victim C (2013 high-class 3804) the Defendant decided to invest in international finance, received 15 million won investment money from the victim C, and returned 5 million won out of the investment money to the victim C while keeping it without investing 15 million won due to the change of circumstances, and the remaining 10 million won is to be converted into the investment money invested in the debt collection business of the G Co., Ltd. (hereinafter “G”), the Defendant’s use of the said investment money for the G business does not constitute embezzlement.
In addition, since the defendant returned 5 million won out of the investment money to the victim C, the crime of embezzlement is not established at least within the limit of 5 million won.
The embezzlement of the victim D (2013 Highest 4642) The Defendant received KRW 100 million from the victim D to make an investment in international finance, and was comprehensively delegated to the extent that it invests in international finance in the management method or use of the investment fund. Thus, the following changes in circumstances cannot be deemed to have used the investment fund for purposes other than its original purpose, and thus does not constitute embezzlement.
Even if it falls under embezzlement, a person who invested the victim D's investment in J corporation, etc. is U and he did not participate in it.
The sentence of unfair sentencing (the crime of embezzlement against the victim C at the time of sale: 4 months of imprisonment, 1 year of suspended execution, and 1 year of imprisonment for the victim D) is too unreasonable.
According to the prosecutor's explanation by the defendant, the sum balance of the accounts of G at the time when the victim C makes an investment in G was approximately KRW 2 million, G was operated in the structure of receiving investments from the lower investors without any particular investment profit at the time, and paying dividends to the upper-tier investors.