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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. (1) In regard to occupational embezzlement, the Defendant, while working as a general manager of the announced personnel operated by the victim, embezzled part of the published personnel’s entrance fee under the consent or approval of the victim as the personnel expenses for the operation of the published personnel, the work of water pipes, and the work of collecting the official room. There is no fact that the Defendant embezzled part of the published personnel fee.
(2) In relation to fraud, the Defendant did not have the intent to obtain the above amount of not less than KRW 27 million as unpaid wages and personnel expenses from the victim, and the Defendant attempted to pay the amount to the victim who received the above amount of money.
B. The lower court’s sentencing (a fine of KRW 700,000) is too unreasonable.
2. Determination on the grounds for appeal
A. As to the assertion of mistake of facts, the following circumstances revealed through the evidence duly adopted and investigated by the court below and the trial court: (i) although the defendant is found to have worked as a general official of the Institute, the defendant voluntarily brought the above money without the victim's consent in a circumstance where there is no agreement with the victim as to whether or not to pay personnel expenses for the above work or specific amount of money, and thus there is dispute with the victim, and (ii) the defendant also was investigated by the prosecutor, and stated in the prosecutor that "the victim did not pay personnel expenses for the above work, and brought the above money to the victim", and (iii) the victim stated in the investigative agency and the court below that "the defendant did not allow the defendant to use the above money, and the defendant knew that he would return it with the knowledge of the fact that he would bring about the above money, etc.", the defendant made a statement to the effect that he embezzled money as stated in the facts charged.