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(영문) 대전지방법원 2016.06.14 2015고단2003
업무상횡령
Text

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

Reasons

1. The Defendant, from April 2012 to August 2014, 2014, worked as a general manager in the “G” store operated by the victim FF on the second floor of the E department store in Seo-gu Daejeon, Seo-gu, Daejeon, and took charge of general affairs, such as sales of goods, inventory management, sales price management, etc.

From April 1, 2012 to August 21, 2014, the Defendant: (a) registered the said goods on a “G” computer as if they were normally sold at the said store, and arbitrarily deducted them despite having not sold them normally; (b) falsely registered the same in the form of a “sale return” as if the mother and child, etc., who does not fall under the subject of inventory inspection, were returned in large quantities to the extent equivalent to the corresponding sales amount; and (c) embezzled the said “G store” by arbitrarily disposing of goods in total equivalent to KRW 35,813,50, as shown in the “the details of the entry and release of goods” in the form of “the details of the entry and release of goods” in the form of “the list of goods” in the form of “the list of goods entry and release of goods.”

2. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction should be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, the conviction cannot be judged as guilty even if there is suspicion of guilt against the defendant (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). According to the witness H and I’s respective legal statements, the defendant’s partial statement and evidence submitted by the prosecutor, and submitted the result to the head office while managing the above store, and the inventory of the head office in the account book at the time of final settlement and the real inventory returned by the defendant.

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