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(영문) 수원지방법원 성남지원 2016.06.02 2015고합270
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person who served as a financial director of the clan from around 2003 to January 2009 and has been engaged in managing the funds of the said clan.

Although the Defendant, as a financial director, should faithfully manage and use the clan properties for the clans and should not use them for personal purposes, on March 24, 2008, the Defendant arbitrarily withdrawn KRW 700 million from the SC bank account (E) in the name of clans on March 24, 2008 and embezzled the total amount of KRW 2.9 billion on four occasions as shown in the list of crimes in the attached list of crimes.

2. Determination

A. The relevant legal doctrine also requires a prosecutor to prove that there is an act of embezzlement as an act of realizing the intent of unlawful acquisition in the crime of embezzlement. The evidence must be based on strict evidence with probative value, which leads to a judge to have no reasonable doubt. If there is no such evidence, the defendant's interest can be determined even if there is suspicion of guilt against the defendant. If the defendant does not have any money in his/her custody due to the absence of a proper explanation of his/her whereabouts or use, it can be presumed that the defendant voluntarily consumed and embezzled the money. However, if the defendant does not explain his/her intention of unlawful acquisition, it can be presumed that the defendant voluntarily consumed and embezzled the money. However, if there are materials consistent with this, the defendant provided explanation about the location or use of the money for reasons for which it is difficult to recognize the existence of the intention of unlawful acquisition, and then if so, he/she has any other materials, then withdrawn the money entrusted to him/her as a result of unlawful acquisition and embezzlement, barring special circumstances such as the defendant's consumption of the money entrusted for another purpose and deposits or returned the money separately.

No person shall be determined (see Supreme Court Decision 94Do998 delivered on September 9, 1994, etc.). B. 700 million won (crime list.).

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