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The judgment below
Among them, the guilty part (including the innocent part) against the defendant shall be reversed.
Defendant shall be punished by imprisonment for five years.
Reasons
1. Of the instant facts charged against the Defendant, the lower court acquitted the Defendant on the fraud listed in Section 1-12 of the List of Crimes 4, and found the Defendant not guilty on the part of the occupational embezzlement listed in Section 5 of the List of Crimes 2, and found the remainder guilty.
Accordingly, as to the guilty portion, the prosecutor filed an appeal against each part of the acquittal on the grounds of the occupational embezzlement listed in paragraph 5 of the attached Table 2. Since the part of the acquittal on the fraud listed in the attached Table 1-12 of the List 4 was finalized, this part was excluded from the scope of the judgment of this court.
2. Summary of grounds for appeal;
A. As to Defendant 1’s embezzlement of each occupational embezzlement against the victim I as stated in attached Table 1, 3, 6, 7, 8, and 1, and 2, out of the sight table of crimes in attached Table 1 and attached Table 2, Defendant 1 merely embezzled for the purpose of receiving the lease deposit from the lessee and returning the lease deposit to the previous lessee as follows.
① On February 101, 2009, the Defendant returned KRW 18,896,00 in lieu of I to the lessee on February 101, 2009, and deposited KRW 5,000,000, out of the rent deposit received from the new lessee, the Defendant deposited KRW 5,00,000 in I.
After that, there was no fact that the lessee, who moved in 101 in sequential order, has received the deposit from the new lessee and returned the deposit to the former lessee, thereby embezzlement of the deposit for lease of the AZ and BA.
② On September 10, 2009, the Defendant transferred KRW 25,000,000 on the same day by dividing the lease deposit amount into KRW 20,000,000 on the I’s account, and KRW 5,000,000 on September 15, 2009.
After that, at each time the lessee moves into 105 leaves, he/she shall receive the deposit from the new lessee.