209Do11862 Occupational embezzlement

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Seoul National State of Residence

State map at the time of Gun parcels in the place of registration

Prosecutor

Seoul Eastern District Court Decision 2009Do738 Decided October 9, 2009

February 25, 2010

The appeal is dismissed.

We examine the grounds of appeal.

Based on the facts stated in its reasoning, the court below affirmed the judgment of the court of first instance that acquitted the defendant, on the ground that the defendant, who actually operates the corporation of this case, has a claim of KRW 35 million against the above corporation, around November 22, 2007, when he had a claim of KRW 35 million against the above corporation, the defendant used the amount of KRW 30 million as the purchase fund of officetels around November 22, 2007, which was 4 days after the defendant's act of offsetting the defendant's claim against the corporation of this case and the amount of KRW 30 million as the offset against the defendant's claim against the corporation of this case, and therefore, the defendant cannot be held liable for the crime of embezzlement. In light of the relevant legal principles and records, the court below's above measures are justified, and there is no error of law by misunderstanding the legal principles as to an intention of unlawful acquisition of the rules of evidence and as alleged in the grounds for appeal, which affected the conclusion of the judgment.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeon Soo-ahn

Justices Yang Sung-tae

Justices Kim Gin-tae

Justices Yang Chang-soo