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The judgment below
The guilty part and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).
Reasons
1. Summary of grounds for appeal;
A. The court below found the defendant guilty of the crime of occupational breach of trust by misunderstanding the facts, although the defendant's assertion (1) erroneous determination of facts obtained the approval of K representative director with regard to the use of the company's funds, or the part which was used for the business of victim D Co., Ltd. (hereinafter
(2) The sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution) is too unreasonable.
B. (1) In full view of the prosecutor’s assertion (1) misunderstanding of facts, the court below found the victim company guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the charge of embezzlement of the victim K, taking into account the following: (a) the user of the remitted money from the victim company; (b) the difference with the money remitted by the defendant to the victim company; and (c) the user of some of the outstanding money out of the balance of the
(2) The above sentence imposed by the lower court on the grounds of unreasonable sentencing is too uneasible and unreasonable.
2. Judgment on the defendant's assertion of mistake of facts
(a) Mazine;
As to the portion of a gold-related crime, even if the Defendant voluntarily made a statement at an investigative agency, “K considered to have obtained prior consent to obtain a good food and good body management (Evidence No. 4, 867-8 pages).” Even if the Defendant had been aware of such a statement from K, it cannot be said that the Defendant obtained prior permission to use the corporate card when receiving a 2,670,000 won or KRW 1,58 won per week for 3 years and 168 times per week during 3 years and 1.6 million won per week, even if he/she had taken such a statement from K.
The defendant has obtained approval from K of the representative director with respect to the use of the corporate card, and K did not raise any problem in the process of approval.