업무상횡령
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant, from October 22, 2010 to February 26, 2016, is a business employee of E operated by the victim D in Suwon-si B Trading Complex C, Suwon-si, Suwon-si, and has been engaged in the business of the victim’s heavy purchase and sale.
On May 18, 2015, the Defendant purchased FF car with the purchase price of KRW 43 million from the damaged party at the above E office.
On October 30, 2015, the Defendant sold the said car and used the price for personal use, such as living cost, in the vicinity of Suwon-si, while keeping it for the victim.
In addition, from around that time to December 18, 2015, the Defendant embezzled a total of KRW 141,00,000,000, which had been kept for the victim by the same method ten times in total, as shown in the list of crimes committed in the annexed crime list.
2. Determination of the acquisition and loss of ownership of a motor vehicle or a mid-term (construction machinery) shall take effect by registering the acquisition and loss of ownership of a motor vehicle or a mid-term (construction machinery) and, in principle, it shall not acquire ownership in an internal relationship between the parties, unless there is such registration. However, in special circumstances where the parties agree to hold ownership between a person who is not the nominal owner, a person who is not the nominal owner of the ownership shall own ownership in the internal relationship (see Supreme Court Decision 2006Do4498, Jan. 11, 2007). If a person who provided a movable as security and used it continuously with the consent of the creditor, sold it with the consent of the creditor, the proceeds from sale are owned by the debtor, and thus, the crime of embezzlement is not established even if the debtor consumed it (see Supreme Court Decision 2010Do11614, Jan. 13, 201). The Defendant’s use of a motor vehicle constitutes embezzlement against the victim.