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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant alleged a misunderstanding of facts was merely a matter of finding out the details of the deposit and withdrawal to be reported by F while trusting staff F, and approving it after approval. The testimony of C, D, and F at the lower court (in the process of arranging the business relationship at the end of 2013, overall comparison of C’s account and other relevant accounts, etc.) cannot be made false statements, but the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.
B. The sentence (six months of imprisonment) imposed by the lower court on the Defendant is too unreasonable.
2. Determination
A. The evidence duly adopted and examined by the court below regarding the assertion of mistake of facts and the following circumstances recognized by the court below, namely, the defendant was aware by the prosecutor that the defendant would be a requisite crime of embezzlement in the event of withdrawing or remitting the money in the corporate passbook to another place, and the details remitted from the corporate account to the corporate account C to the individual passbook, and the defendant submitted a complaint on the ground that it is an occupational embezzlement.
While civil procedure is in progress, it was not confirmed that the portion remitted from the corporate passbook to C is finally entered into a certain account.
While making a statement, the prosecutor stated that most of the money remitted to the C individual passbook was transferred to the Defendant’s spouse G passbook, and confirmed that “the money remitted to G passbook while filing a civil lawsuit” was entirely transferred to G passbook.
In the instant corporate account, around June 25, 2012, KRW 15 million was remitted from the instant corporate account to the C Private Account, and the remittance amounting to KRW 1,300,000 to the G account from 3 minutes to 3 minutes, among the parts that were remitted from C account, the details of KRW 1,300,000 was not well known, but the part that was remitted to the G Han Bank account is repaid with money borrowed to use for the instant investment.
The use source of this 8 million won has been explained to C and D
C. D also recognized.