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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor of the grounds for appeal, ① as stated in this part of the facts charged, the defendants are in a position of a manager of the business to deliver the above money to the K Real Estate Trust account designated as a fund management company (hereinafter referred to as the “IA”) with the money to be deposited in the account of the K Real Estate Trust account as stated in this part of the facts charged, so the crime of occupational embezzlement is established as long as they are used in the repayment of the borrowed money to the KI Housing Association (hereinafter referred to as the “J”), a project execution agent, and ② The defendants are in preparatory position when they receive the funds from the victims in advance as part of the intermediate payment due to the shortage of operation funds of the JJ, even if they receive the funds from the victims in advance as part of the intermediate payment, it is the intent to use the funds as the funds for the operation funds of the JJ, and thus they receive it for the purpose
Nevertheless, since the court below acquitted the primary and conjunctive charges of this case on the ground that there is no proof of crime, it erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. As to the primary facts charged, the lower court: (a) concluded with the victim G around October 2007 and with the victim F on or around December 2007 on the condition that the Defendants would deposit and keep the money received from G and F into the account designated by the International Union for the sake of its use and purpose; and (b) based on the premise that the Defendants used the money received from G and F to the account designated by the International Union for the J at will even though they were obligated to deposit and keep it for the sake of their purpose, each of the instant advance payment contracts is G and F.