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The defendant shall be innocent.
Reasons
1. The Defendant, from March 14, 2005 to September 30, 2012, was in charge of accounting as a member of the victim D’s accounting of the instant charges.
On January 8, 2008, the defendant kept the funds of the victim at the above company's office, while making a false entry into the ledger of the provisional deposit account as if there was 4.8 million won, notwithstanding the fact that there was no provisional deposit in the amount equivalent to 4.8 million won, and then, he voluntarily consumed and embezzled the amount of 4.8 million won from the victim's bank's name at the new agricultural cooperative branch located in 441 in e.g., No. 541 in e., Leecheon-si in e.g., the original deposit account, and then embezzled it for private purposes.
In addition, from that time to December 15, 2011, the Defendant arbitrarily consumed a total of KRW 180,600,000 for private purposes, such as the list of crimes in the attached Table, and embezzled the victim’s property.
2. The Defendant and his defense counsel’s assertion did not embezzled the funds of the Defendant Company D (hereinafter “victim”) as indicated in the facts charged, and the Victim Company did not have any financial standing enough to borrow funds from E Co., Ltd. (hereinafter “E”) for the settlement of accounts on credit each month, and thus cannot be embezzled as above during the period specified in the facts charged, and even if they embezzled, they did not constitute embezzlement.
Even if it is claimed that it would be dismissed within a short time.
In addition, the amount stated in the facts charged is that the defendant was paid in advance to the customer with his own money due to the difficult financial situation of the victim company, or it was paid in cash by the direction of F, the representative director of the victim company, and then paid to G, which was dead for the victim company, and the defendant did not embezzled the funds of the victim company for personal purposes.
3. The recognition of conviction in a judgment of conviction shall be made by a judge in a reasonable doubt.