업무상횡령
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged is that the defendant, as the representative of the Korean clan, who was engaged in the management of the property of the said clan, was appointed by a new representative on August 31, 2013 and transferred his/her duties to the clans. However, the defendant continued to conduct the management of the property of the clans and continuously performed the management of the property of the said clans, while he/she kept his/her account for the said clans E in his/her business for the said clans, on October 22, 2013, he/she was embezzled by taking out 481,100,000 won from the said account at the U.S. Soon-gu, Daejeon, Seosung-gu, Daejeon, without the resolution of the board of directors of the said clans or without the permission of the said clans, and then, he/she has repaid all personal
2. Determination
A. The defendant asserts to the effect that he withdrawn money from the above citizen bank account is an act to execute a claim for the settlement of accounts held by the defendant against the clan or an act of performing duties as the chairperson of the clan, and thus, he/she has no intention of embezzlement or unlawful acquisition.
B. According to the evidence submitted by the prosecutor, the defendant was engaged in the management of the clan property as the representative of D clan from January 2003 to D (hereinafter “the clan”). It is recognized that the F, etc. of the clan was holding the extraordinary general meeting of the clan on August 31, 2013, the director, including F, recommended the director who elected two for each clan, including F, to be a director at the said extraordinary general meeting, and then the F was elected as the representative of the clan and then again appointed the F by the board of directors consisting of the directors. < Amended by Act No. 2000, Dec. 2, 2003; Act No. 4817, Jan. 1, 2014>
However, in full view of the following circumstances according to the records, the withdrawal of money, such as the facts charged by the defendant, is owned by the clan which is kept for the sake of the clan as the representative who has personal claims against the clan.