업무상횡령
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The facts charged in the instant case: (a) Defendant Company D, a vice president of the Victim Company, contracted for construction works on solar power plants ordered by the FF Company, and (b) Company D, a contractor, concluded an agreement with the National Bank that provided loans to the Victim Company to supplement funds for the shortage of principal and interest of loans and deposited money into the Victim Company’s account managed by the National Bank; (c) around July 8, 201, the Defendant transferred the Victim Company from E to the Victim Company and operated the Victim Company until May 30, 2012; and (d) on the other hand, D, a construction company provided collateral to the Gangnam branch of the Construction Mutual Aid Association, which provided the Victim Company with a guarantee to repair any defects due to the nonperformance of the Company.
On November 24, 201, the Defendant: (a) got the said securities from D Co., Ltd. and submitted them to the Gangnam branch of the Construction Mutual Aid Association; and (b) received 384,760,000 won from the Association to deposit in the account of the victim company and kept it for the victim company; (c) around November 24, 201, the Defendant borrowed 13,20,000 won out of the above security deposit under the above name of D, under the pretext that 40,000 won out of the above security deposit was not used for the victim company’s repair; and (d) around November 24, 201, the Defendant borrowed 13,20,000 won out of the above security deposit under the above name of the victim company and embezzled 103,150,940 won under the name of the victim company; and (d) around October 25, 2011, the Defendant borrowed 30,000 won under the above name of the above security deposit; (c.
2. Determination: