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The defendant shall be innocent.
Reasons
1. On May 2010, the Defendant was delegated with the authority to receive dividend payment for E Co., Ltd. (hereinafter “E”) by the Seoul Southern District Court located in Yangcheon-gu Seoul Metropolitan Government 313-1, Yangcheon-gu, Seoul.
On May 27, 2010, the Defendant received dividends of KRW 31,697,335 to the victim from the Seoul Southern District Court (Seoul Southern District Court) to the national bank account in the name of the Defendant and embezzled by arbitrarily consuming it for personal purposes, such as repaying personal debts according to the perception of the intent of the Defendant.
2. According to each evidence duly adopted and examined by this Court, such as witness D and F’s respective legal statements, the following facts are recognized:
A. When E goes against the payment of wages, D and F claimed that, by taking advantage of the fact that the wage obligee takes precedence over other creditors in compulsory execution procedures, etc., the Defendant asserts that all of the instant wage claims, such as D and others, the complainants, are false, while the complainants should receive wages of KRW 35.2 million from E.
In addition, F appeared as a witness in this court and testified that the H's claim is false and the amount of the principal's claim is unrefilled, but the amount of the complainant's claim is not unfilled.
However, the testimony of D is not reliable in its contents such as the fall short of consistency in the working period, and the payment of wages for more than one year is not made at all, but it is not made every day.
In addition, if a large amount of wage claim of the complainant was true, why is why the complainant entrusted F with the authority to complete the enforcement procedure, and why why is why F delegated the Defendant to receive all dividends, it is difficult to obtain that F delegated the right to receive all dividends to the Defendant through G.
In conclusion, G is also a statement about G by refusing to attend as a witness as the core of the instant case.