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(영문) 서울중앙지방법원 2012.05.25 2011고단6236

업무상횡령

Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Defendant A of the facts charged of the instant case is a person registered as the auditor of the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”), who was in charge of external business while working in the position of the president of the Victim Co., Ltd., and Defendant B was in charge of external business while working in the position of the president of the F Co., Ltd., and Defendant B was in charge of fund management by serving in the position of the F Co., Ltd. as the

On the other hand, the victim company is the ordering person of the construction work of the building of the building of the building of the former B/I ground multi-household (hereinafter “instant construction work”). Around February 5, 2009, J, the representative director of the victim company, entered into a construction contract with K representative director of the F/K, stating that “the victim company shall contract the instant construction work to F/F corporation.”

After that, the above J on February 12, 2009 between L with L on February 12, 2009, the victim company is the victim company's forest land of Chungcheong M from L (hereinafter "the forest of this case").

) A contract for exchange with the purport that she will receive 50 million won in cash and she will set up an exchange with the purport that she will set up three houses among the multi-household buildings to be newly constructed for the future, and received necessary documents from L around that time for the registration of forest land of this case.

After that, on February 2009, Defendant A and B proposed to the above J as follows: “The Defendant A and B provided another person with the forest land acquired by the victim company as collateral and used it as the construction cost of the instant construction project by obtaining the loan from the other person (hereinafter “instant proposal”); and the said J obtained the victim company’s right to dispose of the forest land as collateral around that time with the consent of the said L on the instant proposal.

Afterward, the above J accepted the above proposal in the FF Office located in Busan City around February 2009, while entering the proposal of this case with the Defendants. In other words, it is necessary to register the forest land of this case with Defendant B from the end of February.