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(영문) 서울중앙지방법원 2016.03.30 2014고단8605
업무상횡령
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The request of the applicant for compensation shall be dismissed.

Reasons

1. The summary of the facts charged is that the defendant has been engaged in the overall management of the damage who is engaged in the sale of cosmetics, etc. such as OOOVD F store in the MOOV F store, as a general management manager, and has been engaged in the overall management of the business, such as the entry of products in the store and the withdrawal of the sale proceeds.

From March 21, 2013 to November 5, 2013, the Defendant disposed of products equivalent to KRW 202,890,650 of the market price, and embezzled the products for the purpose of selling for the victim company, the Defendant received cosmetics from the injured party from the above “OOVD F shop” located in Seoul, and stored them for the purpose of selling for the victim company.

2. Determination

A. The prosecutor must prove that there was an act of embezzlement as an act of realizing an intent to acquire unlawful acquisition. The evidence 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, even if there is no doubt as to the defendant's guilt, it should be determined in the interest of the defendant (see Supreme Court Decision 94Do998 delivered on September 9, 1994). (B) In light of the following circumstances acknowledged by the evidence duly adopted by the court and duly examined by the court, the defendant arbitrarily disposed of and embezzled products, such as cosmetics, such as cosmetics, as stated in the facts charged, and embezzled by the defendant.

It is insufficient to view it, and there is no other evidence to prove it.

① From March 18, 2013, to November 6, 2013, the Defendant served as a general manager for the management of the VDF store.

② As a result of the inventory inspection conducted on September 30, 2013 (from August 23, 2013 to September 30, 2013), 5,307,00 won and 55,307,00 won and inventory inspection conducted on October 28, 2013 (from August 23, 2013 to October 28, 2013), 69,840,00 won were inventory inspection conducted on November 15, 2013 (from August 23, 2013 to November 13, 2013) and inventory inspection conducted on November 15, 2013 (from August 23, 2013 to November 23, 2013 to November 13, 2013), 235,392,650 won were inventoryed (the prosecutor above 235,395,293.353).

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