횡령
The defendant shall be innocent.
1. Around January 2016, the summary of the facts charged is that the Defendant paid to the director of the Victim B Co., Ltd. (hereinafter referred to as “victim”) 1, to pay 4% or 5% of the sales amount of the construction work actually received, as operating expenses, etc. of the victimized Co., Ltd., and the Defendant actually operated the victimized Co., Ltd. by the Defendant from March 2017, since he/she was involved in the operation of the victimized Co., Ltd with some management rights (D bank, passbook, corporate seal impression, corporate seal card) from among the bank accounts of the victimized Co., Ltd. upon obtaining a consent to conduct construction work under the name of the victimized Co., Ltd. and participated in the construction work after obtaining a consent to do so, while having been involved in the operation of the victimized Co.,
On March 10, 2016, in the office of the Busan Dongdong-gu and the office of the victimized company in subparagraph (Ga), withdrawn cash and consumed voluntarily, in which case one million won of the victim’s capital was paid to H during the custody of the victim’s capital, as well as withdrawing cash and then withdrawing cash from that time to March 10, 2017 to those who do not actually work until March 10, 2017, or transferring money to those who do not actually supply goods or services by pretending the payment for the goods or services to be made in the name of the Defendant or his wife, and then voluntarily consumed it, and embezzled KRW 317,061,00 in total at 91 times as shown in the list of crimes.
2. Review of the judgment and the evidence submitted by the Defendant reveals the following facts.
First, it seems that the Defendant concluded an agreement on a “ installment” agreement with the victimized company holding a construction business license to receive a construction work by lending the name of the juristic person and to pay 4 to 5% of the sales revenue of the construction work to the victimized company.
Even if the above agreement is legally effective, it shall be deemed as a matter of course.