Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The prosecutor (unfair sentencing) committed by the lower court against the Defendants each sentence (a year of imprisonment with prison labor for Defendant A, two years of suspended sentence, and a fine of KRW 8 million) is too uneased and unreasonable.

B. Defendant A (1) misunderstanding the facts as follows: ① The Defendant is abbreviationd with KRW 17,1780,000 and KRW 10,185,000,000, which was actually the Defendant’s receipt of the indictment for the first damages from B from B, as stated in the lower judgment, and the “the first damages” and “the second damages.”

The time of receipt of KRW 177,1780,00 is not " January 22, 2015," but " January 15, 2015," as stated in the judgment of the court below, and the defendant did not receive KRW 10,185,00 from B, and the defendant did not receive KRW 10,185,00 for secondary damages. ③ The defendant stored the primary damages for the victim M in the Dispute Resolution Co., Ltd. (hereinafter "victim Co., Ltd."), and the defendant did not have the intention to obtain illegal reports, and ④ the defendant did not have the intention to obtain false reports.

(2) 법리 오해 ㈎ B가 횡령한 목적물은 이 사건 아파트가 아닌 허위보고로 인한 매각대금 차액 105만 위안에 해당하는 현금인데, 피고 인과의 관계에서 위 금원은 B의 횡령 범행으로 인하여 생긴 장물에 불과하므로, 피고인이 B로부터 위 금원을 취득한 행위는 장물 취득죄 내지 장물 보관죄가 성립될 뿐 횡령죄가 성립될 수 없다.

Even if the subject matter embezzled by B is considered as the apartment of this case, the damages of the first and second damages of this case are “money entrusted by B with the purpose of its use” and the ownership is reserved against B, the truster, until the subject matter is used in accordance with the purpose of its use. However, the embezzlement is not established unless the Defendant, who is the trustee, stores it, and does not consume it against the purpose of the entrustment.

㈏ 피고인이 B로부터 2차 손해 배상금 10,185,000원을 교부 받았다고

Even if the above money is a legal fee for the entrustment of the registration and disposal of the apartment of this case, China.