beta
(영문) 인천지방법원 2015.05.28 2014고정990

업무상횡령

Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the facts charged in this case was from June 2005, the defendant was employed as a taxi driver from around June 2005 to a limited-liability company of Gyeyang-gu, Incheon, which is located in 135-2.

On October 2, 2012, the Defendant transported customers from 135-2 of the Incheon Gyeyang-gu Incheon Gyeyang-gu Sports to a taxi vehicle for CBata business purpose, and consumed KRW 124,70,000 for personal use, which remains after paying KRW 103,00 to the Company for the remaining 21,70,000, out of the remaining 21,700 won.

In addition, the Defendant embezzled the total of KRW 1,776,760 by the same method from the place of view in Incheon City to September 15, 2013, as shown in the list of crimes in the attached Table, from around that time to around September 15, 2013.

2. On the basis of the judgment, the evidence submitted by the prosecutor alone that the taxi engineer working in the victim company had the duty to pay the full amount of the transport income on that day to the victim company. In other words, it is insufficient to recognize that the victim company actually implemented the so-called “full-amount management system” rather than the so-called “ taxi commission scheme,” and the defendant was in the status of a person who stores all transport income on behalf of the victim company, and there is no other evidence to

3. In conclusion, since the facts charged in this case constitute a time when there is no proof of crime, the judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the main sentence of Article 58(2) of the Criminal Act is decided as per Disposition.