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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is the person who served as the auditor of (State)C.
Around March 2012, the Defendant, under a title trust with D Apartment 808, which is the Defendant’s wife, received KRW 80 million under the name of intermediate payment from F, the purchaser of the above heading room, and was kept in custody for the said corporation. From around that time to April, the Defendant embezzled the amount of KRW 16.85 million, on the ground that the Defendant’s unpaid monthly wage of KRW 6 million, KRW 850,000, KRW 850,000, and KRW 16.855,00,000, should be received from the Defendant’s wife.
2. Determination
A. The crime of embezzlement is a crime punishing a person who keeps another's property to embezzled such property. Thus, in order to constitute embezzlement, the property subject to embezzlement is required to be owned by another person. Thus, the money received by a person entrusted with administrative affairs involving the receipt of money from a third party for the delegating person based on the act is owned by the delegating person at the same time as that of the money entrusted for the delegating person, barring any special circumstance unlike the purpose or use, and the delegated person shall be deemed to belong to the delegating person, and the delegated person shall be deemed to have the relation to the delegated person's custody. However, whether the money received for the delegating person upon delegation of administrative affairs shall be determined by the nature of the legal relationship causing receipt, and the intention of the party. If there are circumstances where it is difficult to readily determine the amount to be returned to the delegating person, such as there are separate bonds and settlement procedures for the money received due to the existence of debt, it shall not be readily concluded that the agreement to vest the ownership of the money received in such cases was made as owned by
(See Supreme Court Decision 2005Do3627 delivered on November 10, 2005, etc.). B.
(b) recognition.