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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is as follows: “The Defendant, from July 1, 2014 to March 31, 2016, has been engaged in the business related to the elderly care program and the business related to F” (hereinafter “F”) from around July 1, 2014 to around March 31, 2016.
around February 9, 2015, the Defendant, at the office of the victimized company located in Gangdong-gu Seoul Metropolitan Government, embezzled KRW 96,356,42 in total 852 by the same method from January 2, 2015 to March 31, 2016, when the Defendant received KRW 110,000 from H to the Agricultural Cooperative account (number I) in the name of “F” that was personally operated by the Defendant.
around June 2014, the defendant, "2017 senior group 1572, the defendant, who received 2.3 million won a month from J, and managed the business program server of the elderly medical care institution. On March 2016, 2016, the defendant, who was in charge of the business program server management authority of the elderly medical care institution, did not transfer the company's right to manage the server to the F, which he/she newly works in the Dispute Resolution Committee E, without permission.
Accordingly, on June 28, 2016, the Defendant entered the application for the transfer of the server ownership and the change of the name, “application for the transfer of server ownership”, “transferer E representative E, and F representative L of transferee Co., Ltd.” into the paper without the consent of the J and forged an application form, which is a private document in the name of the said company, by affixing the seal impression of the said company in the column of the transferor of output.
Around that time, the defendant sent a forged application to the M&A-based management entity of server equipment, which is aware of the fact, by facsimile and transferred the right to manage the elderly health care institution's business program in the M&A-based management corporation E to the F.
Accordingly, the defendant had forged and used private documents on rights and obligations for the purpose of uttering.
2. Determination on occupational embezzlement
A. Defense of the defendant.