횡령
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged was, around June 1, 2007, at around 16:17, the Defendant: (a) entrusted the investment of securities from the Defendant at the window of Samsan-dong National Bank Tridong, Ulsan-gu, Busan-do, Busan-do, to the national bank account in the name of the Defendant; and (b) deposited for the victim after being transferred a sum of KRW 24.8 million to the national bank account in the name of the Defendant for investment in securities; and (c) embezzled by arbitrarily withdrawing KRW 9.8 million between around that time and June 7, 2007 for personal use.
2. As evidence consistent with the above facts charged, the defendant's second police interrogation protocol of the second police officer interrogation statement that "it was used for personal purposes by withdrawing 9.8 million won among the amount received from B for purchase of stocks". However, the defendant obtained B's consent to use the above money for personal purposes in the court of this case, and stated that the defendant's words in the police interrogation hearing of this case was useful because it was well known that it was useful, and the degree of "10 million won" in the court of this case should be used for personal purposes and deposited later.
“As the above police interrogation protocol against the defendant makes a statement to the purport, it cannot be used as evidence, and there is no other evidence to acknowledge the above facts charged.
Thus, since the facts charged in this case constitute a case where there is no proof of criminal facts, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly announced under Article 58 (2) of