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(영문) 광주지방법원 목포지원 2017.12.01 2017고단910

횡령

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person serving as an employee of the victim limited liability company D with limited liability located in the southan Army from September 2013 to June 2014, and dealing with overall affairs, such as accounting and accounting, while engaging in the instant charges. E is a person who actually operates the said company.

E around January 2014, at F's wife G, the next to the aftermath of 2014, asked the F to pay back the fishery license with money, and purchased a vessel with the fishery license under the name of the Defendant and let F use the fishery license.

E around January 2014, the victim company purchased the fishing vessel I from H with its funds, but ordered the transfer of ownership in the name of the defendant.

On March 28, 2014, the Defendant completed the registration of transfer of ownership in the name of the Defendant with respect to I acquired by the victim company under the direction of E, and had I keep I for the victim company.

The Defendant demanded that the ownership of the said vessel be transferred to the victim company several times on August 18, 2015 while the Defendant kept I for the victim company as above.

E appears to have an attitude of enhancing ownership by means of civil procedure, etc., and embezzled the above ship by making a transfer registration of ownership with respect to the above ship to J, the creditor of the right to collateral security on the ship.

2. The facts charged of the instant case: E, the actual operator of the victim company, purchased a ship listed in the said facts charged (hereinafter “the instant ship”) with the company’s funds; however, (a) under the trust agreement with the Defendant, the Defendant is premised on the completion of the registration of transfer in the future (hereinafter “the instant premise fact”); and (b) the Defendant received a donation from E to the instant ship.

The argument is asserted.

Therefore, evidence consistent with the premise facts of this case, E and K, one of them, are respectively conducted by investigation agencies and this court.