업무상횡령
The Defendants are not guilty. The summary of the judgment against the Defendants is published.
1. The summary of the facts charged is the person who is in charge of production management, such as production facility maintenance and repair, and orders for new equipment ordering of the victim F Co., Ltd. (affiliated company G Co., Ltd.; hereinafter “F”) in the victim F Co., Ltd. (hereinafter “F”), from March 1, 1999 to May 1, 2008, and Defendant B is the head of the above following industry to August 31, 2007, and was in charge of management, such as production management, as the head of the above following industry factory.
The Defendants, at the direction of H, who established a new facility at the time of the installation of the new facility, conspired to make up for the non-financing by making out a business contract with the subcontractor and receiving some of the money from the subcontractor (tentatively referred to as the “form of preparation of a business contract”) and embezzlement of money by taking advantage of the fact that even if the subcontractor and the subcontractor receive some of the money in return for the money, the said fact cannot be known in G.
On August 25, 2007, the Defendants conspired and subcontracted the installation work of painting automation equipment to the J that actually operates the above I Co., Ltd. (hereinafter referred to as the “I”), and set up a written contract for a prompt term of KRW 365 million with the said J that “I shall cooperate in raising funds by the president’s instructions,” and that “I shall pay KRW 365 million to I, and then have the victim pay KRW 365 million to I and then have the victim consumed it for personal consumption for the purpose of daily life, such as profit and Incheon around the time when I was kept for business purposes by returning the sum of KRW 100 million from the above J. < Amended by Act No. 8635, Aug. 30, 2007; Act No. 8500, Jan. 25, 2008; Act No. 8506, Aug. 30, 2007; Act No. 8530, Aug. 25, 2008>
2. Defendants and defense counsel's assertion
A. Defendant A and his defense counsel are aware of the fact that Defendant A and his defense counsel received orders from Defendant B to create funds for non-financing at the G group level with an affiliate company, and upon Defendant B’s instruction, J operating I as shown in the facts charged.