업무상횡령
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant jointly carried out projects to make the victim C, D, E, etc. of the victim and the victim, and the representative is in charge of the development of the products, while he/she is in charge of E, and he/she has agreed to take charge of the business, distribution, etc. on July 21, 2016, and he/she received 50 million won from the victim under the name of the Defendant from the victim of the same day to transfer it to the Defendant’s account under the name of the Defendant for the investment in relation to the raising of the crub, he/she arbitrarily lent 30 million won to the pro-Japanese F, and embezzled 37.5 million won out of the total amount of funds kept for business purposes, such as arbitrarily using the amount equivalent to 7.5 million won under the name of entertainment expenses, etc.
2. The facts charged of this case are crimes falling under Articles 356 and 355(1) of the Criminal Act, and where the victim and the defendant have a relationship under Article 328(2) of the Criminal Act, a public prosecution can be instituted only upon the victim's complaint. According to the records of this case, the victim and the defendant have a relationship under Article 328(2) of the Criminal Act with the victim and the defendant. After the prosecution of this case, a letter of agreement and a letter of revocation of complaint stating that the victim and the defendant did not want punishment against the defendant and revoked the complaint was submitted to the court after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.