업무상횡령
The defendant shall be innocent.
1. On October 17, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for an act of false accusation at the closing branch of the Jung-gu District Court, and two years of suspended execution, and the judgment becomes final and conclusive on October 25, 2017. From January 22, 2014 to October 14, 2016, the Defendant is a person in charge of the fund management duties of the said company as the representative director of the Victim D Co., Ltd., Ltd., Ltd., located under subparagraph B B building C of the Won-si Building B, who was working for the said company.
On April 30, 2015, the Defendant: (a) received KRW 176,40,000,000,000,000 from F, deducted from F, from F, KRW 200,000,000,000,000,000,000,0000,000 was deducted from F; and (b) received from F for the victim; and (c) deposited the amount of KRW 90,000,000,000 in the personal account of the Defendant at around that time, and embezzled it.
2. The Defendant asserted that, as of the actual private interest of the Victim D Co., Ltd. (hereinafter “victim”), the Defendant lent KRW 200 million to the account of the victimized Company under consultation with G, the representative director, and deposited the said KRW 86.4 million into the account of the victimized Company. The remainder was used as construction cost at the H 19 new construction site (hereinafter “H”) at the time when the Defendant was proceeding, and thereafter, the Defendant was not guilty upon the obligee’s request.
3. Determination
A. According to the records of recognition, the following facts can be acknowledged.
1) On June 8, 2009, the Defendant was appointed as an internal director of the victim company. On January 22, 2014, the Defendant was appointed as the representative director on January 22, 2014. On August 17, 2016, the Defendant was dismissed on October 14, 2016.
2) On April 20, 2015, the Defendant requested F to borrow money from the H Corporation at the site of the H Corporation, which was in progress in the first week of Pakistan, around April 20, 2015. On April 30, 2015, the Defendant received KRW 176.4 million in cash from F in the vicinity of the building in Songpa-gu Seoul E-gu, Songpa-gu, Seoul.
F means that “The reason why money is necessary is H.