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The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. The Defendant, from October 6, 2002, was the president and manager of the Seoul Special Metropolitan City Nowon-gu Commercial Building Track-gu Association, who was in charge of B commercial building management.
On September 9, 2015, the Defendant decided to appoint C as a temporary director and temporary manager at the Seoul Northern District Court’s Seoul Northern District Court. On September 22, 2015, upon receiving from C the “Notice of Business Transfer Request and Suspension of Management Activities”, the Defendant conspired with E and E, the representative director of the company, to embezzled the money deposited in the management expense passbook, etc. by transferring it to deposit account in the name of D Co., Ltd.
On December 1, 2015, the Defendant, at a point in the F Bank’s seat located in the F Bank: (a) around December 1, 2015, had G from the F Bank’s deposit account (Account Number: H) in the name of the F Bank Organization B; (b) KRW 8.1 million from the F Bank’s deposit account (Account Number: I); and (c) KRW 3.94 million from the F Bank’s deposit account (Account Number: J) in the name of the F Bank’s deposit account (Account Number) in the above P Bank’s name; and (d) embezzled the Defendant to transfer KRW 1,264 million from the F Bank’s deposit account (Account Number:K) in the name of D Co.
2. The Defendant and his defense counsel did not have conspired with E to embezzled the money deposited in the passbook of the management expenses of the shopping mall, etc., and the head of the management office division did not have the G transfer the money recorded in the facts charged to the deposit account in the name of D Co., Ltd.
3. The prosecutor bears the burden of proving the facts that constitute the elements of the offense charged in the judgment criminal trial.
The conviction in a criminal trial shall be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true to the extent that there is no reasonable doubt.
However, in light of the following circumstances that can be recognized by the evidence duly adopted and investigated by this court, the evidence submitted by the prosecutor alone is the facts charged.