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(영문) 서울중앙지방법원 2018.07.12 2018고정231
업무상횡령
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the president of the E Federation located in Jung-gu Seoul Metropolitan Government D to exercise overall control over all business affairs, including management and finance of the Federation.

On May 3, 2016, the Defendant was in Gwanak-gu in Seoul Special Metropolitan City.

In the office of the president of the E federation, traditional markets were given KRW 1 million in cash through F in the name of the federation development fund from the non-fphid-sect market, which is a supplier of virtue of the former North Korea's in connection with the direct trade of agricultural and fishery products in the business place of the E federation, and embezzled the amount of KRW 11,270,000 in total five times in the same way as the following crime list from around that time to November 2016.

2. The intention of unlawful acquisition in the judgment of embezzlement for occupational embezzlement

“A public prosecutor must prove the existence of embezzlement as an act of realizing an intent to acquire unlawful acquisition, anywhere the public prosecutor bears the burden of proving the existence of an act of embezzlement. The proof must be based on strict evidence with probative value, which causes a judge to have no reasonable doubt. If there is no such evidence, even if there is suspicion of guilt against the Defendant even if there is no such evidence, it should be determined as the Defendant’s profit (see Supreme Court Decision 94Do998 delivered on September 9, 1994). According to the records on this case, the Defendant is bound to be determined as the Defendant’s profit, under the name of the Federation, under the name of the North Korean government’s development fund, the cash granted by the North Korean government’s credit market, and 100,000,000,000 won and 57,000,0000,000,0000 won and 5,000,000,000 won and 5,000,000.

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