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(영문) 서울중앙지방법원 2018.07.26 2017고단3456

업무상횡령

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as a joint representative director of H in the agreement to execute the real estate execution business and the sales agency business, operates the I Apartment-si I apartment project and the land purchase fund is insufficient. On December 26, 2006, the Defendant prepared a monetary consumption loan agreement with the victim K in the agreement to transfer 25% of the shares in the above apartment project execution project with the Defendant and L in order to guarantee the repayment of the principal of the loan and to transfer 50% of the rights to the "M development project" where the Defendant and L are carrying on the sales agency business in order to transfer 25% of the shares in the above apartment project to secure the repayment of the principal of the loan. However, the Defendant borrowed 2 billion won from the victim company on the condition of repayment after one year from the victim company, but did not repay the profits or principal after the maturity date.

Therefore, around May 26, 2008, the defendant and L, in collusion with the victim company and the 2 billion won of the 2 billion won of the 200 billion won of the above outstanding repayment, were used to set the sales agency fee for the non-residential part of the sales agency in the name of J and A and distribute to five to five to five to five to by depositing the non-residential part of the sales agency fee in the common name of J and A, but around December 5, 2008 at H office in Seoul, the 5th floor of the Gangnam-gu Seoul, Seoul, Seoul, Seoul, which received the payment from H account in the name of the LAB and used the 36,097,085 won of the non-residential part of the sales agency fee from the LA and used the sales agency fee for business purposes around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness J’s legal statement;

1. Each protocol of examination of the suspect against the accused by the prosecution (including part concerning the examination of the suspect by the J);

1. Each prosecutor's statement against J [The defendant and his defense counsel asserted that 200 million won, which he received as a sales agency fee, was set off against this part of the money by paying to the victim company. However, the receipt was issued by the J individual who is not the victim company, and the above 200 million won is set off against this part of the money.