횡령
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On February 2002, the Defendant completed the registration of creation of a right to collateral security with respect to the above 1/2 share of the 1/2 portion of the 39,669 square meters of the Da-gu, Daegu-gu, as other creditors are likely to enforce compulsory execution, following the Defendant’s request from the victim C to “The Defendant becomes the creditor and becomes the creditor,” and completed the registration of creation of a right to collateral security with respect to the above 1/2 share of the 1/2 share of the forest around the 22th of the same month.
On April 25, 2011, the Defendant received 26,928,963 won dividends from the Defendant, a mortgagee of the said forest, from the employees of the said new bank, who had been deposited in the Daegu District Court due to the compulsory auction procedure at the Daegu District Court of Daegu District, Daegu District Court on the said forest, which held the said employees of the said new bank, who had been in custody of KRW 28,545,460, and then embezzled the said dividends and interest thereon by consuming the said dividends and living expenses, etc. around that time.
2. Around 2000, the Defendant and his defense counsel asserted that the Victim C would purchase the shares of Company G, which the Victim C had held in the name of F, in KRW 100,000, but the Victim C would again sell the shares to H in KRW 140,000,000, and the Victim C would have mediated a sales contract to sell the said shares again, and the Victim C would not have given the difference in the above sales price to the Defendant.
Ultimately, the Defendant’s assertion that the dividend of this case was substituted for KRW 40 million at the time of the victim C, does not mean that he embezzled all of them.
3. Determination
A. According to the records of this case as to whether the injured party C paid KRW 40 million to the accused, the injured party C entered into a verbal contract to sell the stocks of G Co., Ltd. (16,650 shares) held by the Defendant in his wife F around 200 to the Defendant for KRW 100 million, and the contract deposit from the Defendant around that time.