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The judgment below
The guilty part of the crime and the embezzlement of occupational duties listed in No. 10 of the attached list of crimes shall be acquitted.
Reasons
1. Summary of grounds for appeal;
A. The court below convicted each of the crimes listed in the [Attachment] Nos. 1, 3, and 9 of the annexed list of crimes. The judgment of the court below is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
i) As to the crime listed in the separate sheet No. 1 of the crime list No. 1, the Defendant had to pay the balance of the land purchased by the Defendant at the time of Gwangju City. The Defendant paid the remainder of the land at the time of Gwangju City’s purchase with the personal request to K as land purchase price, and received 30 million won as the borrowed money on October 31, 2007 after obtaining the consent to use the said money as business expenses later in lieu of the return. Since then, the Defendant established the said money for the victim (hereinafter “I”).
As the defendant embezzled the above money as the price for the purchase of Cheongwa, the defendant cannot be deemed to have embezzled the above money. ii) As to the crime listed in the [Attachment List Nos. 3 through 7], since it is essential to establish a corporation in order to prepare for the agricultural products distribution business by establishing I for the victim, the defendant used 50,850,000 won as the total of the subscription money and the registration fee for the establishment of G Co., Ltd. (hereinafter “G Corporation”), and the victim was well aware of these circumstances at the time. Meanwhile, the defendant used 50,000 won for the payment of the subscription money deposited by the defendant when establishing the corporation as the purchase price for the sake of B after finding it on February 5, 2008. Thus, there is no intention to obtain unlawful profits from the defendant.
iii With respect to each of the crimes listed in [Attachment] Nos. 8 and 9 of the List of Crimes Nos. 8 and 9, G corporation is a corporation established for the operation of I and is in fact the same company, and this part of the money has also been paid through G corporation to I.