횡령등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal: (a) the Defendant, with the I’s consent, drafted a loan certificate as of January 16, 2012; and (b) according to the above loan certificate, the Defendant, even though having the corporate seal impression of D Co., Ltd., a corporation, until the amount of investment KRW 40 million was returned, was entrusted to the Defendant; (c) however, the lower court found the Defendant guilty of all the facts charged in the instant case as guilty
2. Determination
A. In full view of the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.
1) Co., Ltd. D (hereinafter “victim company”)
(2) A company is established on June 28, 2010 for the purpose of printing, publishing, service, etc., and the Defendant was appointed as a director or representative director of the victim company on April 1, 201, but resigned on January 16, 2012. E was appointed as a director or representative director of the victim company on January 16, 2012, and E was performing duties as a director or representative director of the victim company on January 16, 201, and G was a inside director of the victim company. (2) The Defendant invested KRW 60 million in the victim company on April 201, but recovered KRW 20 million on or around December 201, 201, but did not recover the remainder of KRW 40 million until now.
3) On January 16, 2012, the Defendant did not return the corporate seal imprint and corporate passbook, which was kept by the Defendant as the representative director of the Victim Company, to the Victim Company even after the resignation of the representative director. 4) On January 16, 2012, the Defendant stated the following: “A, from April 201 to May 201, borrowed from A, and used it as D Operational Funds, she borrowed a chial Dual Dual Sheon (e.g. 60,000,000) from April 16, 2011 to make use of it as D Operational Funds. In December of the same year, the Defendant repaid the balance of the borrowed money to KRW 0,00,00,000. The above promise to repay the borrowed money as soon as possible, and until the repayment is completed, the corporate seal imprint and bank bank management will be entrusted to A.”