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The judgment below
Of them, the part of innocence as to embezzlement is reversed.
Of the facts charged in the instant case, embezzlement is acquitted.
Reasons
1. As to the point of embezzlement and fraud against C among the facts charged in the instant case, the lower court held that it is difficult to believe that C’s statement that seems consistent with this part of the facts charged is in light of H’s statement. However, H’s statement is ambiguous, and there is no part to reject C’s statement as well as the content thereof.
Therefore, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous and adversely affected the conclusion of the judgment.
2. Determination
A. The ex officio judgment prosecutor applied for the amendment of a bill of amendment to the indictment with the following purport that the victim is changed from C to C in relation to embezzlement among the facts charged in the instant case at the trial of the party. Since this court permitted this, this part of the judgment below was no longer maintained.
However, even if the above reasons for ex officio destruction exist, the prosecutor's assertion of mistake of facts is still subject to the judgment of this court within the scope of judging the fraud of C among the facts charged in the instant case and the changed facts charged.
B. From March 2010, the Defendant was managing 1.05 tons of G (fishing vessel number M) from around March 1, 2010, the Defendant entered into a title trust agreement on the said G vessel with the victim’s father C at the O on April 7, 2010. The Defendant sold the said vessel for the victim, on April 16, 2010, the Defendant sold the said vessel at KRW 100,000,000 to the deceased’s name. Accordingly, the Defendant embezzled the victim’s property. The Defendant, after selling the said G vessel, sold the said vessel to the victim, was the e (fishing vessel number P) 1.27 tons of power-driven vessels owned by her owner as G vessel, and around around November 2011, sold the said vessel to the victim only the name of G vessel C.