업무상횡령
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The Defendant is serving as the director in charge of accounting of the victim FF Co., Ltd. (hereinafter “victim”) actually operated by E in Ansan-si from Dec. 2, 2004 to Dec. 14, 2007, and was engaged in the business of managing funds, such as raising funds owned by the victim.
The Defendant deposited money deposited in the account of a foreign exchange bank, the Nonghyup Bank, and the National Bank in the name of the victim company in accordance with the direction of E in order to prevent the creditors from provisional seizure of the victim corporation account due to the business conducted previously by E, and managed the funds owned by the victim company through the said account through the said account.
On January 5, 2005, while the Defendant kept funds owned by the victim’s company deposited in the said foreign exchange bank account under his/her name on behalf of the victim company, the Defendant invested the cash card connected to the said account under his/her name and withdrawn 20,000 won in cash owned by the victim company for personal purposes such as living expenses of the defendant around that time.
In addition, from January 5, 2005 to December 12, 2007, the Defendant deposited funds in the account in the name of the Defendant from around December 5, 2007 to deposited KRW 271,821,471 of the victim’s own funds in cash or transferred funds to another bank account for personal purposes such as the Defendant’s living expenses.
2. In light of the following facts and circumstances, which can be recognized by the records of this case, it is insufficient to recognize that the defendant voluntarily consumeds funds owned by the victim company for personal purposes as stated in the facts charged, and there is no other evidence to acknowledge otherwise.
① In other words, the Defendant from the investigative agency to this court.