업무상횡령
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The gist of the grounds for appeal is that the Defendant used the money listed in the attached list of crimes for the victim K Farming Association (hereinafter “Association”) to pay for the seeds of the crime and embezzled the money for personal purposes.
2. The Defendant, from August 5, 2010 to April 2012, 201, was in charge of the purchase of chip as a director at the victim association located in the Jananananan-GunJ of Yongan-do.
On August 9, 201, the Defendant arbitrarily used 59,459,000 won in total over 14 times from April 24, 2012, as shown in the separate list of crimes, from the date of using work expenses, etc. equivalent to KRW 2,00,000, which is owned by the victim by M, to the Defendant’s agricultural bank account, for the victim’s association, after having been refunded work expenses, etc. from the victim’s cooperative located in the Choan-Gun Lan-gun, Jeonnam-gun, the Defendant used the same day for personal purposes, such as living expenses, etc.
As a result, the Defendant embezzled the property of the victim union.
3. The prosecutor bears the burden of proving the existence of embezzlement as an act of realizing an intent to acquire unlawful judgment. The proof should be based on strict evidence with probative value that leads to a judge to have no reasonable doubt, and if there is no such evidence, the suspicion of guilt against the defendant is between the defendant, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
On the other hand, if there is a lack of evidence to prove that the defendant used money in the place of use claimed by the defendant for a personal purpose and there is no money in his/her custody on the part of his/her trustee, or it is revealed that the funds used in the place of use claimed by the defendant were appropriated for other funds, etc., the defendant embezzled the above money with the intent of unlawful acquisition.