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The prosecutor's appeal is dismissed.
Reasons
1. Summary of the facts charged in this case
A. On February 13, 2008, in order to acquire convertible bonds issued by C Co., Ltd. (hereinafter “C”), the Defendant, along with the victim D, acquired convertible bonds worth KRW 2 billion in the name of the company B Co., Ltd. (hereinafter “B”), with the employees in charge of finding C offices in Gangnam-gu Seoul, with the victim D, in order to acquire the convertible bonds issued by C (hereinafter “C”), and subsequently, the Defendant first decided to deliver the actual convertible bonds to the victim with the amount equivalent to KRW 500 million in the name of the company B (hereinafter “B”).
B. Nevertheless, the Defendant puts the instant convertible bonds into a bank held at the time, and, upon the Defendant’s consent to the grix, No. 33,00, the Defendant kept the instant convertible bonds on behalf of the grix and No. 4, and thereafter, the Defendant had the victim keep the instant convertible bonds in custody for the victim.
C. After February 20, 2009, the Defendant transferred KRW 500 million of the redemption price of convertible bonds from C to G Bank account in the name of B bank account in order to secure funds to repay personal debts, etc. while keeping the Defendant’s convertible bonds owned by the victim in the B office located in Gangnam-gu Seoul, Seoul at around February 20, 2009, and embezzled the convertible bonds of this case by issuing KRW 500 million of the actual amount to employees in the name of B bank account in
2. The judgment of the court below
A. The judgment of the court below, which is the complainant, refers both to the victim as the complainant, except as otherwise stated in the indictment. Thus, the judgment of the court below is also subject to this.
The complainant’s statement is practically the only evidence that corresponds to the direct acceptance of convertible bonds equivalent to KRW 500 million of issuance C. In full view of the following circumstances, it is difficult for the complainant to believe the above statement as it is.
1. A monetary loan contract and an investment contract to accept convertible bonds of an amount equivalent to two billion won which are issued by C.