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The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s assertion of mistake of facts (1) Of the annexed Table 1 of the Crimes List 1, 2, and the annexed Table 1 of the Crimes List 2, the remittance amount of 2,000, 100,000, 3 remittance amount of 10,000, 5 remittance amount of 5 remittance amount of 1,000,000, 6 remittance amount of 15,000,000, 7 remittance amount of 3,000, 2,500, 2 remittance amount of 3,000, 3,500, 3,000, 3 remittance amount of remittance amount of 3,80,000, 4 remittance amount of remittance amount of 2,90,000, 5,000, 500, 500, and 7 remittance amount of 7 remittance amount of 2,000 won among the annexed Table 2 of the Crimes List 1 of the Court below.
(2) Of the part 3 (A) of the crime sight table 3, the part of the remittance amount of KRW 2,500,000, 4 remittance amount of KRW 520,000 from the crime sight table 3, and 520,00, which was remitted from the victim corporation account by each Defendant A to the Defendant’s account is used for the Defendant’s repayment of the victim corporation’s corporate card payment obligation, and thus, it does not constitute embezzlement. However, the lower court found Defendant A guilty of this part of the charges,
(B) Although the amount of KRW 7,500,000, out of the list of crimes Nos. 3, 7500,000, out of the list of crimes, can only be recognized as having been repaid by Defendant B, Defendant B and the public offering. However, the judgment of the court below that Defendant A solely embezzled was erroneous in matters of law
(3) Although Defendant A did not have conspired to withdraw the amount of KRW 2,90,000, 600, and 5,000,000 from the list of crimes Nos. 4 (A) among the list of crimes No. 4 (a) of the list of crimes, the amount of KRW 2,90,000, and the amount of KRW 5,00,00 was repaid by each of the Defendant B, Defendant A was guilty of this part of the charges.
(B) KRW 1,900,000 out of the amount of 2,000,000, out of the list of crimes Nos. 4 in the list of crimes;