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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of two years from the date this judgment became final.
Reasons
1. According to the prosecutor's grounds for appeal (fact-finding) E and F's statement, the subject of the instant construction is C Co., Ltd. (hereinafter "the instant company"), and F Co., Ltd. is the employee of the instant company, and E was fully aware of this fact, and the Defendant was also aware of the fact that the instant construction company was the instant company. Thus, even though the consignment relationship between the Defendant and the instant company was established and the Defendant could be recognized as the crime of occupational embezzlement, the judgment of the court below which acquitted the Defendant on a different premise is erroneous and adversely affected the conclusion of the judgment.
2. Determination
A. The lower court found the Defendant not guilty of the facts charged in this case on the ground that the Defendant could not be deemed to have been in a position of a person who takes custody of property under a trust relationship in relation to the instant company.
B. According to the evidence duly adopted and examined by the court below and the court below, the court below and the court below found the following facts: ① The company of this case was a small-scale company with the sales revenue of 6 to 70 million won in 2010 to 4 full-time employees, which had been working in Hongcheon-gun, Hongcheon-gun, Inc. as a short-term contract worker in J, another urban gas construction business chain in Hongcheon-gun, Inc., which had been working in Hongcheon-gun, in the short-term contract worker in Hongcheon-gun, J. Do, while the company of this case discontinued its business, which had been working in Hongcheon-gun, and proposed to contact the representative E of the company of this case who had worked in the former. The company of this case (hereinafter referred to as the "the area of this case"), and ② The company of this case agreed to the short-term management of the construction work in this case to 1.1., the company of this case as a small-scale company within the area of this case.