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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) is identified by mistake of facts (hereinafter “Defendant’s assertion”)
① In the case of respective embezzlements as indicated in the facts constituting the crime of 2017 Godan1774 and 2018 Godandan1945 as indicated in the facts constituting the crime of the instant case, the building of Pyeongtaek-si and one lot other than Pyeongtaek-si, which the Defendant concluded with the victim (hereinafter “instant building”).
(2) In the case of each embezzlement in the judgment of the court below as to the crime of this case, each of the embezzlement charges of this case, 2017 senior group 1774, senior group 2018 senior group 1774, senior group 2018 senior group 1945, as indicated in the judgment of the court below, is not recognized as unlawful acquisition intent since the defendant used it for property management, such as the company operated by the victim. In the case of embezzlement charges in the judgment of the court below 2017 senior group 1774, senior group 2-B of the crime of this case, since the defendant did not pay the above company expenses or the wages of the defendant, it is deemed that the defendant used it urgently and there is no possibility of expectation. ③ In the case of embezzlement charges in the judgment of the court below concerning the crime of this case, as stated in Article 2018 senior group 1945 of the Criminal Act, the defendant used it by the victim with the consent of the victim, but deposited it to the passbook on August 20, 201010.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Judgment on the mistake of facts or misapprehension of legal principles by the defendant
A. As to the Defendant’s argument No. 1, the lower court also asserted the same purport as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion in detail, and found the Defendant guilty of this part of the facts charged.
The above judgment of the court below is duly adopted and examined in comparison with the evidence examined.