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The judgment below
The guilty portion shall be reversed.
The defendant shall be sentenced to two months of imprisonment with prison labor for the crime No. 2-A and B of the decision of the court below.
Reasons
1. Summary of grounds for appeal;
A. The defendant (unfair sentencing)'s punishment of the court below (the 2-A, 2-B-A, 1-2, 2-3, 3-4, 8-2) is too unreasonable. It is so unfair that the defendant's punishment (the 2-A, 2-2 of the court below's judgment) is too unreasonable.
B. A prosecutor (misunderstanding the facts about occupational embezzlement) committed by the Defendant that the damaged party purchased the building materials separately from the building company (AJ) and provided them to the Defendant, and the Defendant is in the position of keeping them in custody for the victim. As such, the Defendant’s act of removing the said building materials to another construction site without the victim’s consent constitutes the crime of embezzlement on duty, the lower court erred by misapprehending the legal principles on the charge of embezzlement.
2. According to the evidence duly admitted and examined by the lower court as to the prosecutor’s assertion of mistake of the facts, the Defendant entered into a contract with the victim on August 18, 2014 to receive KRW 110 million for the construction cost, and received KRW 50 million for the contract deposit and the cost of materials from the injured party. ② the Defendant entered the construction site after purchasing the instant construction materials from AJ around October 2014, and then brought them into the construction site; ② the Defendant ordered another construction materials to the AJ as it did not fit the length; ③ the Defendant brought them into the construction site on November 1, 2014; ④ the Defendant brought the instant construction materials to another construction site located in the order of the former construction site; ④ the victim did not complete the construction work after paying the remainder of the construction cost to the Defendant; and ④ the Defendant supplied the instant materials directly to the Defendant and directly receiving the instant materials from AJ around January 2015 and supplied them to the Defendant at around July 25, 2015.