beta
Text
The defendant shall be innocent.
Reasons
1. The Defendant, from November 2006, has been engaged in the fund execution and accounting of the company as a financial director of the Seoul Gangnam-gu Seoul E building with the damaged company in the fourth floor (hereinafter “victim company”).
On March 7, 2007, the Defendant: (a) kept 1.16 billion won shares in the company’s treasury in the company’s office on behalf of the company for the company; (b) stored 1.1 billion shares in the company’s account in the H’s name managed by the Defendant; and (c) embezzled by arbitrarily using it.
2. The summary of the Defendant’s assertion: (a) After the instant crime, the Defendant was employed in the KH H H A and was issued as an overseas branch office on January 18, 2009; (b) left the Republic of Korea with Cambodia on January 18, 2009; and (c) after the establishment of the company, the company commenced its business on the spot and entered the Republic of Korea on March 12, 2016.
Since the police did not have any contact after being investigated by the police at the time, it was recognized that the case was terminated as a matter of course, and there was no purpose of escaping criminal punishment.
Therefore, the prosecution against the instant crime is brought after the completion of the seven-year statute of limitations pursuant to Article 249 (1) 3 of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007), and thus, a judgment of acquittal should be pronounced.
② Although the Defendant recognizes in advance that he disposed of shares without the consent of I, the representative director of the victim company, the Defendant’s crime of embezzlement is established, such as where the Defendant was comprehensively delegated the right to dispose of shares at the time, and there is no fact that the cost of disposal of shares was personally useful.
3. Determination
A. As to the completion of the statute of limitations, the statute of limitations for the instant facts charged shall be seven years pursuant to Article 3 of the Addenda to the Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007) and Article 249(1)3 of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007), and the instant public prosecution on July 28, 2016, which was seven years after the expiration of the statute of limitations from March 7, 2007, when the said criminal act was completed.