beta
(영문) 대구지방법원 2016.01.19 2015고단727

업무상횡령

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the person who operates the J in Daegu Seo-gu I.

On December 21, 2004, the Defendant continued to engage in transactions with the victim L Co., Ltd. (former M Co., Ltd.) operated by K upon the request of the victim L Co., Ltd. (former M Co., Ltd.) for the cryp of fiber cryp of fiber cryp of fiber cryp of fiber cryp of fiber.

When J Co., Ltd. terminated the transaction relationship with the victim on September 30, 2009, the defendant kept the amount equivalent to KRW 53,00,820 on behalf of the victim, the sum of the nine items indicated in the reference items of the attached Table 81,213 YO on September 30, 2009, 50D 150D Warsaw 4,618 YO and attached Table 150D 150D 4,618 YO, which are the original body owned by the victim.

(C) Around that time, Defendant 1 had been kept in custody and embezzled by arbitrarily using it.

(P) Although Defendant 1 returned the above parts to the victim, Defendant 2 rejected the request for return without any justifiable reason.

2. According to each evidence submitted by the prosecutor, the victim paid all processing fees to the Defendant, or the Defendant was found to have been due to dye color and processing inferior, and N confirmed them to the victim, but the amount was above 130 million won, or the unit price was adjusted between the Defendant and the victim.

There is no room to see.

In addition, the Defendant did not receive more than KRW 570,000,000 from January 2005 to August 30, 2008, and it does not normally mean that he did not receive a large amount of processing fees for the long time.

In addition, there is no dispute between the defendant and the victim that the defendant has the obligation to pay the loan of KRW 230 million and the obligation to pay the loan of KRW 210 million.

However, there are other circumstances recognized through the above evidence as follows:

The transaction is terminated on September 2009 between the defendant and the victim.