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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant’s mistake of facts or misapprehension of the legal doctrine
(F) the chief director and the officers of the Franchise in the process of the dissolution of the instant hostile species (hereinafter referred to as “FF species”).
) The president of the board of directors and the school foundation H (hereinafter “G”)
A) The president concurrently holds the position of the president. The compensation for the high-class land in the instant large-class large-type large-type large-scale is not individually used, and both is temporarily used as F and G high-class construction cost. As seen above, it is difficult to conclude that the Defendant has an intention of unlawful acquisition, considering the process of using the instant money and the process of repayment, etc. in the situation where the Defendant concurrently holds the president of C and F and G high-class large-class large-type large-type large-type large-type large-type large-type large-type large-type medium-type and G, and it is difficult to conclude that the Defendant has an intention of unlawful acquisition. (2)
B. The Defendant’s imprisonment (two years and six months of imprisonment, and four years of suspended execution) declared by the lower court on the grounds of unreasonable sentencing is too unreasonable.
C. The Prosecutor’s decision of the court below on the grounds of unreasonable sentencing is too unreasonable.
2. Determination:
A. 1) Determination of the Defendant’s assertion of mistake of facts in the crime of embezzlement refers to the intent to dispose of another’s property in violation of his/her duty as his/her own property for the purpose of pursuing his/her own interest or a third party’s interest, and even if he/she wishes to return, compensate, or preserve it later, it does not interfere with the recognition of the intent to obtain unlawful acquisition (see, e.g., Supreme Court Decision 2005Do3045, Aug. 19, 2005). According to the evidence duly adopted and examined by the lower court, the Defendant is temporarily employed for F&C and G height, which are the third party.