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The defendant shall be innocent.
Reasons
1. From May 2, 2008 to June 18, 2014, the Defendant is a person who served as the chairperson of the victim apartment center in Songpa-gu Seoul Metropolitan Government, and was engaged in the fund management of the above senior citizen center; and D is a person who served as the general director of the senior citizen center from July 2, 2012 to December 2, 2013.
The center for senior citizens shall be paid KRW 100,000 per month to the chairperson and the general secretary of the center for senior citizens, and the operating expenses of the center for senior citizens shall be paid KRW 800,000 per month in the name of the defendant in the name of the E bank (F) bank account in the name of the defendant, the E Bank account (G) in the name of the Songpa-gu Office, and the members of the center for senior citizens shall be transferred to the E Bank account (H) in the name of the defendant each month as membership fees, and the above accounts were managed by the defendant.
Around August 27, 2012, the Defendant released KRW 100,000 from the above membership fee account to the general official business promotion expenses while the Defendant kept operating expenses as above in the center for senior citizens around August 27, 2012, and paid KRW 50,000 to D, and the remainder of KRW 50,000,000 was not paid. From that time to April 4, 2014, the Defendant used KRW 1,250,000 as personal living expenses, etc. in Seoul Metropolitan City, etc.
Accordingly, the defendant embezzled the victim's property.
2. Determination
A. In a criminal trial, the establishment of a crime ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof does not reach the extent that the prosecutor is not able to have a sufficient conviction, the determination ought to be made in the interests of the defendant even if there are circumstances, such as the defendant’s assertion or defense contradictory or uncomfortable, and the suspicion of guilt exists, even if there exists
(See Supreme Court Decision 2017Do1549 Decided May 30, 2017). B.