beta
Text
The defendant's appeal is dismissed.
Reasons
1. The act of withdrawing this case does not constitute an embezzlement for the following reasons.
G, who was seeking to take over the representative position of the victim company, paid 200 million won as compensation to the defendant, was approved to withdraw KRW 32,900,000 on April 24, 2013 to receive some of them, and withdrawn KRW 23,110,000 on August 26, 2013. Thus, the defendant's intent of embezzlement is not recognized.
B. In light of the fact that the partner E and the above G did not raise any objection with the knowledge of the above withdrawal act, it should be deemed that there was an implied consent to it.
C. The Defendant resigned from the representative director of the victim company and liquidated the partnership relationship with E. The Defendant spent considerable expenses for its operation without receiving a reasonable period of time as the representative director of the victim company. As such, the withdrawn money by the Defendant constitutes money to be duly received as a result of the liquidation of the above partnership relationship.
2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, it cannot be deemed that the defendant had the intent of embezzlement, and that there was an implied consent, such as E, etc., and it cannot be deemed that there was a justifiable reason to withdraw money. Thus, the defendant's assertion is without merit.
① The Victim Company is a company run by E, and the Defendant served as the representative director of the Victim Company from December 2, 2008 to August 2, 2013.
② On April 24, 2013, the Defendant made a statement to the effect that there was no consent from E at the time for personal use after withdrawing KRW 32,900,000 from April 24, 2013 (Evidence Records 32,110 pages). Whether embezzlement was established immediately after the withdrawal, and whether E, etc. approved it after the withdrawal does not affect the existing embezzlement.
3. As to the withdrawal of KRW 23,110,00 from August 26, 2013 by the defendant,