According to the investigation, an employee of the company stole by appropriation of money entrusted to him in the performance of duties of representative of the company, which belongs to the insurance company.
In the first instance court, the court twice reopened the judicial investigation. During the trial, the prosecution requested the court to find the defendant guilty and sentence him to 6 years' imprisonment with a term in a general-regime correctional colony.
However, the district court acquitted the trustee on a charge of not having committed an offence. He is recognized as having the right to rehabilitation in connection with his acquittal.
The Court of first instance concluded that there was no credible and consistent evidence that the defendant had received and embezzled money, i.e. committed an unlawful act in which he took away someone’s property without compensation and used it to his own advantage, The prosecution is not represented. The amount of damage to the insurance company, which was insisted on by the public prosecutor during the examination of the case, is not objectively confirmed. The conclusion on the defendant’s use of funds in their favor is based on assumption. Therefore, the defendant’s guilt in the misappropriation of funds is not proven.
During the examination of the case in the court of cassation on the cassation submission of the deputy prosecutor of the region and the cassation appeal of the victim, the acquittal sentence was left unchanged.