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(영문) 창원지방법원 2016.08.10 2015노949

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant, as the actual operator of the victim-based Dispute Resolution D, has properly paid the instant drinking value and the incidental money in connection with the business, there is no intention or intention of occupational embezzlement or illegal acquisition.

2. In light of the following facts and circumstances that can be recognized by the judgment of the court below and the evidence duly admitted and investigated by the court below, it is reasonable to view that the Defendant’s act of paying a sum of KRW 2.5 million out of the revenue of the victim D, as stated in the instant facts charged, constitutes occupational embezzlement, and the Defendant’s intent of occupational embezzlement and illegal acquisition is recognized.

Therefore, the defendant's assertion of facts is without merit.

① The Defendant: (a) transferred part of the revenue of the Victim Resolution from the corporate account to the Defendant’s personal account; and (b) did not undergo a normal accounting process; and (c) was a shareholder of the Plaintiff Resolution Co., Ltd at that time.

E, H, and I's consent seems not to have been obtained.

② On May 24, 2013, the Defendant used the alcohol value of KRW 600,00,00 for the Defendant to discuss the direction for the operation of the J reporter and the press organization. On July 24, 2013, the alcohol value of KRW 1,100,00,000,00 for the Defendant was discussed and used for the Defendant’s participation and development measures of M with the K head of the K of the L in charge of the management of the company, and M as at the time of his/her employment. The Defendant asserted that the Defendant used the alcohol value of KRW 60,00,000,000 as of September 16, 2013 for the allocation of duties with M and the company operation policies, etc. However, the K in the court of the competent court of Justice of the Republic of Korea has visited the Defendant at the time, but there is no memory by dividing the talk about his/her duties at the time.

“A statement was made to the purport that “The Republic of Korea,” and “The Republic of Korea, at the court of trial, visited the Defendant at least two times at the main points in the territory of the Tong, but at the time, only singing and drinking at the main points, and D.