횡령
The defendant shall be innocent.
1. Around July 23, 2013, the summary of the facts charged is as follows: (a) the Defendant, who was in custody of KRW 12,537,500, more deposited vehicle loan money from the bank account (C) in the name of the Defendant’s name by electronic error from the point of Japanese card Co., Ltd., Ltd. at an indiculous place, and embezzled it by consuming the entire amount of expenses for surgery, etc. from the end of July 2013 to the end of September of the same year.
2. The following circumstances acknowledged by the record: (i) the victim transferred double money to the Defendant on or around July 23, 2013; (ii) the Defendant informed the Defendant of the fact that double remittance was made at around September 2013; (iii) the Defendant engaged in financial transactions using the same method even after July 23, 2013 when a direct remittance was made; and (iv) the Defendant appears to have used money as expenses of a hospital for the Defendant’s children and his/her children, etc. (v) in light of the fact that the victim transferred double remittances to the Defendant on or around July 23, 2013, the circumstance that the Defendant used double remittances at his/her own discretion, i.e., the evidence submitted by the prosecutor to the effect that the Defendant used double remittances at the expense of the Defendant’s prosecutorial investigation record (except for the part concerning double remittances made by the Defendant at his/her own discretion, it is difficult to acknowledge that the Defendant used double remittances at his/her own discretion, with the exception of the aforementioned double remittances statement made by the Defendant.