업무상횡령
The judgment of the court below is reversed.
Defendants are not guilty. The summary of each judgment against the Defendants is publicly announced.
1. The summary of the grounds for appeal (based on factual errors or misapprehension of legal principles) practically implemented the so-called “ taxi commission scheme” under which a taxi driver under his/her jurisdiction pays only the prescribed amount of money out of the transport income from taxi operation to the victim company. Under the taxi commission scheme, the transport income exceeding the taxi commission belongs to the taxi engineer, and thus, the taxi engineer is not in the position of the person in charge of other’s property for excess transport income.
Therefore, even if the Defendants used the proceeds exceeding the taxi commission out of the proceeds from the taxi operation, the crime of embezzlement is not established.
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in mistake or misapprehension of legal principles.
2. Prior to the judgment on the grounds for appeal by Defendant A ex officio, the Prosecutor applied for changes in the indictment with respect to Defendant A as follows. Since the subject of the judgment was changed by this court’s permission, the part of the judgment below on the Defendant A cannot be maintained.
However, despite the above reasons for ex officio reversal, Defendant A’s assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court. Therefore, we will examine the Defendants’ above assertion.
3. Judgment on the Defendants’ assertion
A. The Defendants of the facts charged in this case are those who work as taxi drivers from the victim limited company E (representative director: F) company in Gyeyang-gu Incheon as the victim limited company E (representative director) company in Gyeyang-gu.
1. Defendant A is liable to pay only a part of the transport revenue while he/she has been engaged in the business from October 3, 2012 to September 21, 2013.