업무상횡령
The defendant shall be innocent.
1. The Defendant, from March 2012 to June 2012, 2012, was engaged in the business of selling cosmetics and managing goods of the said company as an employee of the victim E and the victim F jointly operated by the victim E in Seoul Mapo-gu D Building 1101.
On March 18, 2012, the Defendant embezzled 11,750 cosmetics, which are co-owned by the victims, in the office of the said G company, with a mind equivalent to KRW 43,200,00 in the market price around June 18, 2012.
2. According to the witness F’s legal statement, the defendant’s statement in the fourth pleading of the Seoul Central District Court case 2013Gahap5294, 42842 (Counterclaim), the defendant’s statement in the fourth pleading of the Seoul Central District Court 2013Gahap5294, 42842 (Counterclaim), E and F established a G company for the purpose of the cosmetic wholesale business, E and F are in charge of the management of the G company, E and F are in charge of the defendant, and E and F are in charge of the first month operating expenses, and the defendant paid the first month operating expenses, and decided to operate the company by causing sales, and the defendant disposed of the cosmetic for the purpose of paying selective distribution expenses, taxes, etc., and the fact that the above cosmetic was sold to the cosmetic or Melel with the expiration of the distribution period, and according to the above recognition, it is reasonable to deem that the defendant’s act constitutes an act in accordance with the management judgment to arrange inventory as a manager of the G company and to meet operating expenses.
3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered under the latter part of Article 325 of the