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The prosecutor's appeal is dismissed.
Reasons
1. The main contents of the statement of the reasons for appeal (No. 7 page of the evidence record) are that the balance of the purchase price to be completed in the registration of transfer of ownership of the forest of this case shall be paid to E, a seller, and the head of the Tong also created in the name of G in order to pay the purchase price after the registration of transfer of ownership was made in the name of G. The legal statement of E (the defendant brought about 78 million won under the permission of E for consulting) is different from the existing one of the complaint, and is contrary to the contents of the written performance, and thus, credibility is inconsistent.
Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case on the ground that there is insufficient evidence to prove that the Defendant kept 78 million won for G or the Defendant had a criminal intent of embezzlement.
Therefore, the court below erred by misapprehending the legal principles and adversely affecting the conclusion.
2. Examining the following circumstances in light of the circumstances stated in the lower court’s judgment, there is insufficient evidence to prove that the Defendant was in custody of KRW 78 million for G at the time and time as stated in the facts charged, or that the Defendant was guilty of embezzlement.
In light of the above, the judgment of the court below which acquitted the charged facts of this case is just, and there is no error in the misapprehension of legal principles as alleged by the prosecutor.
A. The “written performance” signed by E on June 11, 2010 is indicated as follows:
The amount of KRW 120 million per gold day out of the amount of KRW 2220,000 to be paid by J Co., Ltd. (hereinafter referred to as “J”) to E shall be deposited in D Real Estate A and J Joint Tong (CF) on June 11, 2010 and used as auction deposit and the remainder of KRW 100,000 shall be used as auction deposit.
6.18. Deposit in passbooks in the name of D Real Estate A and J G joint;
6. 21. When the permission for the successful bid is finalized and no longer than before ownership is transferred;
6.21. A promptly paid to E in the presence of A, and “the above real estate.”