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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Summary of Grounds for Appeal
Each document submitted by a defendant after the deadline for appeal of grounds of appeal by his defense counsel shall be considered to the extent of supplement in case of supplemental appellate briefs not timely
A. In the grounds of appeal on March 2, 2020, the defendant's defense counsel and the mistake of facts and misapprehension of legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Embezzlement) of this case on the grounds of appeal. However, the defendant and the defense counsel explicitly withdrawn the above assertion on the third trial date of the trial.
1) The embezzlement of facility loans (the embezzlement of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) is referred to as "the list of crimes" below the attached list of crimes.
No. 87,88 parts per annum 87,88) of the amount loaned from F with facility funds, the Defendant kept the sum of KRW 102,102,00,000 in the F-loan Linked Account under the name of the Defendant, and the Defendant lent it to the said victim under an agreement with the victim B, and does not constitute embezzlement by arbitrarily lending it. Nevertheless, the judgment of the court below which found the Defendant guilty of this part of embezzlement was erroneous or erroneous in the misapprehension of relevant legal principles. 2) The embezzlement of special feed purchase fund loans [the fact of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement No. 89 or 91 parts per annum of the crime list among the points of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)] F is an “I” corporation, a feed supplier, and the name of “stock
Since the Defendant received 300 million won from the Defendant to the Defendant’s personal money in advance, the said money that the Defendant received from I is not D’s partner who owns the money.
Even if the money I returned to the defendant is the special feed purchase fund of D, the defendant is aware of his personal money.