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The judgment below
The guilty part (including the part not guilty) shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. Summary of grounds for appeal;
A. Defendant (misunderstanding of facts and misunderstanding of legal principles as to the original conviction) (hereinafter “A”) was the actual operator of C Co., Ltd. established for the purpose of the sale agency business, etc. (hereinafter “C”), and the Defendant was in charge of C’s financial management business on March 28, 201, and KRW 867,692,759 [this case’s Asian Trust Co., Ltd. (hereinafter “A trust”).
() From March 22, 2011, it was recognized that 8,8410,00 won was embezzled using Dtel 203 sold in lots in the name of the Defendant’s wife E and Dtel 102 that was sold in the name of the Defendant’s creditor F as contract deposit under the name of the Defendant’s wife E. On or around March 22, 2011, C has been treated as the provisional payment of KRW 7,062,00 out of the above KRW 8,8410,000 (C was actually a single company of the Defendant) as the Defendant’s embezzlement of the said money, and the lower court erred by finding the Defendant guilty of the facts charged of occupational embezzlement.
B. As to the prosecutor (1) erroneous determination of facts (A) of the judgment of the court below, the court below acquitted the defendant on the ground that it is difficult to recognize that the evidence submitted by the prosecutor alone on the charge of fraud among the facts charged in the instant case, based on the evidence submitted by the prosecutor, was the criminal intent of deceiving the defendant from G at the time of borrowing the amount equivalent to KRW 100 million from G (the original judgment is the "I" hereinafter).
Around March 23, 2011, when 50 days have elapsed since the original repayment period, the Defendant paid KRW 4,300,000 to G and I as the repayment of the principal and interest of the loan. Ultimately, G and H paid approximately KRW 1,30,00,00 to G. It is deemed that the principal and interest of I were 40,000,000 won, and that the said repayment amount was 40,000,000 won.