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(영문) 광주지방법원 순천지원 2018.06.21 2017고단1944
업무상배임
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged was from October 1, 2016 to March 30, 2017, the Defendant served as cargo vehicles from “D” operated by the victim C as cargo vehicles.

On October 2016, the Defendant received from the victim C a cargo transport welfare card (E; hereinafter “E”) of the victim’s name from the victim for the payment of oil non-payment arising from the transportation of cargo vehicles from the victim C, and two copies of our bank cargo transport welfare card (G; hereinafter “2 card”) of the victim’s former spouse F. Thus, the Defendant had a duty to use the above card for non-payment of oil for the business purpose.

Nevertheless, on November 15, 2016, the Defendant violated the above occupational duties and paid 6,100 won to the Defendant’s personal purchase cost with the above 1 card, as well as from November 15, 2016 to March 27, 2017, the Defendant acquired 182, 393,145 won in total by using the attached 16,393,145 won in the attached 217 cards with the Defendant’s daily list of crimes (1) as shown in the table of crimes in attached Form 1, 182, 217, such as the list of crimes in attached Form 1, 217.

2. The burden of proof of the facts charged in a criminal trial for judgment shall be borne by the public prosecutor, and the conviction of guilt shall be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, it shall be judged with the benefit of the defendant.

Examining the instant case in light of the above legal principles, the following circumstances acknowledged by the record, namely, the Defendant and the complainant, have long been long ago.

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