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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence presented by the prosecutor in the gist of the grounds for appeal, the shares of this case are acquired with the funds of F Co., Ltd. (hereinafter “F”), not with personal funds of the defendant, and thus F is a real shareholder of F, and accordingly the proceeds from the disposal of the shares of this case shall belong to F. Since the defendant disposes of the shares of this case and uses 6,546,635,610 won from the proceeds from the disposal of the shares of this case in his/her own repayment of his/her personal debt, etc., or used it as the funds of F, it constitutes embezzlement of F’s property.
Nevertheless, the court below erred by misapprehending the facts, thereby making a mistake of not guilty of the facts charged in this case.
2. Determination
A. In full view of the evidence adopted by the lower court and the lower court, the following facts can be recognized.
1) F is a non-permanent corporation established on August 30, 2006 for the purpose of communication equipment business, etc., and J (J. ; hereinafter “J”) is a F’s subsidiary (F’s equity ratio: 77%) established in California around November 2016, and is in charge of research and development and external production of communication equipment by J under its business plan, and F is a structure that takes charge of import and sale of communication equipment produced out of the Republic of Korea by J.
B) Since its establishment, the Defendant has been in charge of both F and J as its representative. 2) F on March 22, 2011, the issue value of F on March 22, 201 (the face value of F Shares is KRW 5,000 per share from the time of its establishment to the date of its establishment.
A) 418,200 shares were issued with capital increase with 418,200 shares (the total amount of 9,49,831,200 shares paid for the increase of paid-in capital), and I’s 418,200 shares issued with capital increase with 418,200 shares (hereinafter “instant shares”).
2) After the receipt of the subscription price and the payment of the subscription price (hereinafter “stocks”) have been made, I refers to “F shares” (hereinafter “F shares”) and thereafter I refers to two executives and employees.