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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the evidence submitted by the prosecutor, including the summary of the grounds for appeal C and B, the facts charged in this case can be acknowledged, but the court below rendered a not-guilty verdict on the facts charged in this case. The court below erred by misunderstanding of facts.
2. The summary of the facts charged of the instant case: (a) around January 7, 2010, the Defendant operated a fisheries partnership corporation E (capital KRW 60 million, number of shares of KRW 60,000, per share, and KRW 10,000 per share) (hereinafter “instant corporation”) with the purpose of producing and processing products, etc., coming into operation with B and B from her business from January 7, 2010; (b) around September 2013, B settled the conflict with B and purchased shares of KRW 19,00,00 as shares of the corporation owned by B while settling the partnership relationship with B; and (c) purchased shares of KRW 5,00,00 with the funds of the other corporation; and (d) transferred shares of KRW 5,00,000,000,000,000,000 which C invested with the funds of the corporation, and agreed to transfer shares of KRW 9,00,00 (hereinafter “instant agreement”).
Around October 18, 2013, the Defendant said that the Defendant would transfer KRW 50 million to C at a corporate office that was held by B, to C, the amount of KRW 50 million.
However, even if the defendant received KRW 50 million from C, he did not intend to transfer 50 million shares of a corporation to C, and he did not know that he would transfer B shares in the name of the defendant.
On October 18, 2013, the Defendant received KRW 50 million from C to the account and acquired it by fraud.
B. In accordance with the above agreement, the Defendant, according to the occupational embezzlement agreement, transferred KRW 80 million to the Defendant’s account after receiving KRW 100 million from the Plaintiff who was managing the Fund of the instant corporation to the Defendant’s name, and subsequently transferred the shares held by B to B on the same day. However, the shares acquired using KRW 80 million of the corporation’s funds should not be transferred in the name of the corporation.