업무상횡령
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)
A. The Defendant does not have embezzled the proceeds of public performance diskettes or embezzled the company’s funds.
B. The lower court found the Defendant guilty of embezzlement of the proceeds of public performance diskettes on the sole basis of multiple indirect facts. However, there is doubt as to whether all the indirect facts recognized by the lower court have been proven, and the said indirect facts alone cannot be readily concluded that the Defendant embezzled the proceeds of public performance pockets. In so determining, the lower court erred by misapprehending the legal doctrine on the principle of free evaluation.
(c)
The punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.
2. The summary of the facts charged in this case is the team leader of the Dispute Resolution Co., Ltd., which operates the performance planning and production service business on the 12th floor of building B in Jung-gu, Seoul. From May 1, 2011 to March 1, 2014, the Defendant was in charge of the business affairs of the head office of the Dispute Resolution Co., Ltd. in charge of management of management of the company’s fund from the mid-gu to March 1, 2014. The Defendant was concurrently in charge of management of the business affairs of management of the company’s fund from the mid-gu, 201 to the end of November 2013 to the end of March 1, 2014.
A. A. Around January 10, 2012, the Defendant embezzled the proceeds of public performance diskettes: (a) around January 10, 2012; (b) around January 7, 2012, the Defendant revoked the payment of KRW 60,000 from the computerized information, even though there was no cancellation of payment in the course of performing his/her business for the said company’s custody; (c) on January 11, 2012, the Defendant deposited the said amount after deducting the said KRW 60,000 from the sales proceeds to be deposited into the said company’s account; and (d) consumed them for personal purposes at his/her own discretion.
In addition, the Defendant arbitrarily consumed the total of KRW 1,176 in the same manner from December 29, 2013 to December 29, 2013, 58,381,000 for personal use, as in the list of crimes attached to the judgment of the court below (hereinafter “the list of crimes”).
B. On January 22, 2014, the Defendant’s embezzlement of company funds around 17:40.