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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of the legal principles (as to Defendant D and embezzlement), money remaining in the National Bank account under the name of the Defendant is the criminal proceeds, which the F operated the instant illegal sports soil site, and thus, the F cannot claim the return of the money to the Defendant. Therefore, the Defendant is in the status of keeping the F’s property.
The crime of embezzlement is not established.
B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. Judgment on the misunderstanding of the legal principles of Defendant D 1) The provision that a person who provided a salary or labor for an illegal cause under Article 746 of the Civil Act does not demand the return of the benefit, is not entitled to claim the return of the benefit, on the ground that the act of the cause is legally null and void, and the ownership of the goods provided to him is owned by himself.
Since the claim for return based on ownership cannot be made, the ownership of the provided article eventually reverts to the party to whom the benefit was paid, and thus, it was arbitrarily consumed without delivering the benefit for such illegal cause to the party to whom the benefit was paid.
Even if the crime of embezzlement is not established (see Supreme Court Decisions 9Do275, Jun. 11, 1999; 200Do493, Apr. 10, 2001; 201Do5822, Nov. 29, 201). However, even if property created by anti-social acts is not a juristic act that goes against social order and is deposited for passive concealment, barring special circumstances such as ordering the use of money for another criminal act, etc. (see Supreme Court Decisions 2000Da49343, Apr. 10, 201; 201Do5822, Nov. 29, 2012). In this case, the amount deposited into the account in the name of the Defendant Health Unit and the Defendant’s name is received from the gambling site users as gambling money, and it is anti-social in the process of raising it.