횡령
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant is the Vice Director of the Ethical Division (hereinafter “the Vice Director of the Ethical Division”) under a contract with the D prison in the D prison parking lot in C.
Around February 20, 2014, in the course of the operation of the B, there is an agreement between the victim F and the Deputy Director of the Three Division of the instant case, and "The Deputy Director of the Three Division of the Republic of Korea shall be an agreement at the time of sale, and the proceeds therefrom shall be divided by 1/2.
“Prepared the “Agreement on the Operation of the Vice General of E” with the content thereof.
On March 10, 2015, the Defendant transferred the instant license to G, while receiving KRW 11,00,000 from G as the acquisition price for equipment and facilities, and embezzled the instant license by arbitrarily consuming it without undergoing the settlement procedure with the victim.
2. Determination:
A. According to the evidence duly adopted and examined by this court, the following facts can be acknowledged.
① The Defendant and the victim, as indicated in its reasoning, concluded a partnership agreement with the Vice Minister of Trade, Industry and Energy as follows.
The victim shall be paid taxes, public charges, etc. for the Deputy Commissioner.
The defendant shall provide his labor to the Deputy Director, and receive 2.5 million won (2 million won for a period of three months from the date of the contract) monthly salary of 20,000 won from the injured party.
In selling, the defendant and the victim shall be agreed upon, and the proceeds shall be divided into 1/2 and the defendant and the victim.
When any one of the parties, after the conclusion of a contract, presents conditions contrary to the general principle of reciprocity, or there occurs any other cause for which the maintenance of the contract is difficult, the parties and the other party may freely terminate the contract, and the other party may claim damages, etc. therefor.
② Since then, there is a dispute between the Defendant and the victim due to the delay in payment of the station expenses and the Defendant’s benefits (2.5 million won in July 2014), etc. that the victim shall pay to the D prison, and the Defendant shall be around August 7, 2014.