업무상횡령
The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
The summary of the facts charged is that the defendant, from December 1, 2000 to December 1, 200, was in charge of depositing the transportation revenue received from passengers in the company as a taxi driver from the victim C-si transportation limited company.
On October 2, 2012, the Defendant spent KRW 55,600 out of the transportation revenue received from passengers for personal purposes, such as food expenses, etc., around that time while driving the above taxi in Incheon City, the Defendant used KRW 159,600 among the transportation revenue received from passengers for business purposes.
In addition, from around that time to November 20, 2012, the Defendant consumed the total of KRW 792,700 by the same method from the place of view in Incheon City through 28 times, such as the list of crimes in the annexed list.
Accordingly, the defendant embezzled the victim's property.
Judgment
The evidence submitted by the prosecutor alone is insufficient to recognize that taxi drivers working in the victim company have the duty to pay the full transport income on that day to the victim company. In other words, it is insufficient to recognize that the victim company actually implemented the so-called “full amount management system” rather than the so-called “ taxi commission scheme” and the defendant was in the position of a person who stores all transport income on behalf of the victim company. There is no other evidence to acknowledge
Therefore, the facts charged in this case constitute a case where there is no proof of crime, and thus, a not-guilty verdict is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and a summary of the judgment in this case is publicly announced pursuant to the main sentence of Article 5
It is so decided as per Disposition for the above reasons.