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The defendant's appeal is dismissed.
Reasons
1. In the case of Section 1-A of the criminal facts stated in the judgment of the court below, part of the amount paid by the injured party is personally used, but most of them are used for cutting or processing the scrap metal at the flat-type reconstruction site (hereinafter “prolong-type reconstruction site”) and for other operating expenses, and there is no written transaction details through the transaction without non-data, and there is no intention of deception or fraud.
In the case of paragraph 1-b. of the criminal facts stated in the judgment below, 150 million won paid by the victim to O Co., Ltd. (hereinafter "O") as the purchase fund of scrap metal, there was no intention of deception or fraud.
In the case of paragraph (2) of the crime of the judgment below, F was the victim and its partner of the instant scrap metal and had invested a considerable portion of funds at the site of the instant scrap metal, and had been periodically calculated with the victim, and F did not have the intention of embezzlement as it demanded and paid the return of the investment money.
2. The following circumstances, which can be recognized by the court below based on the evidence duly adopted and examined and the evidence, are the representative director of the corporation E, namely, the victim and F raised funds for the purchase of scrap metal, etc., and the defendant took charge of the purchase and sale of scrap metal with the delegation from the above company. In light of the fact that the defendant was aware of the construction site, etc., the victim verified each construction site and contract, etc., and the victim comprehensively delegated the management of funds to the defendant.
It is difficult to see that the Defendant used KRW 40 million and KRW 100 million paid by the injured party at the Pyeongtaek-si site.
One of the arguments is that the defendant is not able to submit objective data, such as a emotional statement and a statement of transactions, and deposit related to the removal of the G, L and N's account, even in view of the account in the name of G, L and N used by the defendant, and deposit related to the purchase of high iron.