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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the defendant was found not guilty of the charge of embezzlement against the defendant on the ground that the defendant, as an employee of the victim company, received funds from the victim company whose name of use was determined, and embezzled for voluntary consumption during custody.
2. Determination
A. The summary of the facts charged in the instant case is a person who, around October 2014, was a general manager in charge of exercising overall control over the production of clothing using the original group, etc. provided by the victim company in accordance with the direction of the victim company at the “H” clothes plant operated by the F in Geum-gu, Geum-gu, the representative director of the victim company (hereinafter “victim company”).
From July 6, 2015 to December 1, 2015, the Defendant received 713,416.37 US dollars (Korean US$ 802,593,416.25 won) from the victim company through I (an export and import agency) from the victim company, under the pretext of public official expenses and factory operation expenses, and had it keep them in custody for the victim company.
(1) From July 2015 to December 2015, the Defendant processed the clothing with the money kept in custody of the victim company at the above “H” clothes plant as above and supplied it to the victim company. However, the Defendant, a subcontractor, made a contract for manufacturing clothes to J, and did not pay 160,000 of the price in return for the contract, and embezzled by using the equivalent amount at will.
The Defendant, in addition to this, failed to pay 1,281,523 bills (Korean Won 216,410,789 won) for the manufacture of clothing to 14 companies, such as the 14 companies, as shown in the table of crimes in the attached list of crimes (1) and embezzled by using at will the amount equivalent to that amount.
(2) From July 2015 to December 2015, the Defendant paid the benefits to the employees employed by the victim company for the purpose of providing clothing to the victim company in the above “H” clothes plant, despite being paid the said benefits, e.g., to K employees.