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(영문) 대전지방법원 2013.04.17 2012노207
업무상횡령
Text

The judgment of the court below is reversed.

The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.

Reasons

1. The summary of the grounds for appeal (in fact-finding) (1) The part concerning embezzlement under the name of electricity fee, the evidence that corresponds to the defendant's lawsuit is hard to believe as well as the statement of the above I, and the daily table prepared by the defendant is merely a formal procedure, and the defendant received management expenses from E to the personal bank account several times, it is found guilty of this part of the facts charged, and (2) The part concerning embezzlement under the name of management fee was clearly received 6 million won as management expenses according to the factual confirmation and deposit status table submitted by the defendant. Thus, the court below acquitted the defendant of all of the facts charged, although it is found guilty, the court below acquitted the defendant of all of them. The court below erred by misapprehending the facts or by misapprehending the facts, which affected the judgment.

2. Before examining the grounds for appeal ex officio, the health class, the public prosecutor, and the public prosecutor, who filed an application for amendment to a bill of amendment to the indictment, which was found not guilty by the court below, as set forth in paragraph 3(a) below. Since the subject of the judgment was changed by this court's permission, the judgment of the court below is no longer maintained.

However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court, even if there are such reasons for ex officio reversal.

3. Determination on the grounds for appeal

A. The summary of the revised facts charged is an employee of Qtel Co., Ltd., a controlled entity of Ctel from January 2001 to December 2008, who worked as the warden of the above Ctel management office, and who managed Q Q Q Q’s above officetel, such as facility management, public charge payment, substitute payment, management expenses notification, and collection.

1. The Defendant, on August 16, 2004, embezzled under the name of electricity fee, at the office of E, the representative director of the D, in Seo-gu Office, Daejeon, Daejeon.

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