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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The defendant deposited money into the above account in managing the new bank account (D) in the name of C and used it for the defendant, but the defendant alleged that he paid the money to C by depositing money into the above account under the name of the purchase price of apartment purchase right. If the defendant filed a lawsuit for the return of unjust enrichment with C, he did not know that the money deposited into the above account was not paid to C, the defendant was guilty of attempted fraud, but the judgment of the court below which acquitted the defendant of the facts charged of this case by misunderstanding the fact that the money was not paid to C, thereby affecting the conclusion of the judgment.
Judgment
The summary of the facts charged in the instant case is the person who completed a report of divorce with the victim C on July 9, 2007.
The Defendant managed and used the new bank account (D) in the name of the victim, who was the head of the Tong prior to divorce, and even after divorce with the victim, the Defendant used the said account for his own interest, and maintained the automatic transfer status after concluding an implied agreement on installment savings, credit card payments, and communication expenses in the name of the victim, who was automatically transferred from the said account prior to divorce.
From May 1, 2007 to August 2008, the Defendant deposited a total of KRW 33.2 million into the above account of the victim according to the existing usage practices. The victim wired a total of KRW 28.7 million to the above account, while the Defendant withdraws or uses approximately KRW 18.2 million from the above account, and transferred approximately KRW 21.6 million for the benefit of the victim.
Nevertheless, on May 2, 201, the Defendant pretended that he did not manage and use the above account and transferred the money for his own interest in the Seoul Western District Court civil service center located in Mapo-gu Seoul Metropolitan Government.