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(영문) 대구지방법원 2020.02.04 2019고단4876
업무상횡령
Text

The defendant shall publicly announce the gist of the judgment of innocence.

Reasons

1. The Defendant: (a) was established for the purpose of restaurant business for expressway stops; and (b) was in charge of the actual operation of the D Co., Ltd., which operates and manages C Rests in Daegu-gun-gun; and (c) was in charge of tasks, such as operation of restings

Around March 15, 2011, the Defendant: (a) registered the Defendant’s East E’s wife as an employee despite that the Defendant’s East E is not an employee of the said C or D Co., Ltd.; (b) transferred KRW 1,478,90 to the G Bank account (H) account in the name of F in the name of D Co., Ltd.; (c) transferred KRW 1,478,90 from the account under the name of F in the name of D Co., Ltd. to a personal account at that time; and (d) voluntarily used it from that time until April 15, 2013.

Accordingly, the Defendant embezzled the funds of the D Co., Ltd. kept in business.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, it is insufficient to acknowledge that the Defendant has embezzled the funds of D Co., Ltd. in the course of its business solely by the evidence submitted by the Prosecutor’s Office, and there is no other evidence to acknowledge this.

The defendant asserts to the effect that he employed I, who is a bad credit holder, as an employee, and that he did not receive a monthly wage by his account, he transferred the monthly wage to F’s account and paid it directly to I.

According to I, J, and K's testimony, the defendant's assertion is only reliable.

(b) I shall be an employee for a given period at the rest area above C and shall be a day-to-day.

K, who was in charge of the general affairs of the corporation above D, clearly stated that the I's wage ledger is written F.

C. F’s account is managed by the Defendant, and the Defendant is under F’s name from the account in the name of D Co., Ltd.

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