특정경제범죄가중처벌등에관한법률위반(횡령)
Defendants are not guilty.
1. The summary of the facts charged is the attorney-at-law, and the defendant B is the kind of defendant A.
[Attachment] G, the representative director of F Co., Ltd. (hereinafter “F”) borrowed KRW 7.5 billion from Defendant B, etc. to purchase the Lone Star Building, the market price of which is approximately KRW 200 billion owned by the Busan Jinco Construction Co., Ltd. (hereinafter “Spanco Construction”). On the other hand, G, the representative director of the F Co., Ltd. (hereinafter “F”), borrowed the amount of money, such as interest necessary to borrow KRW 7.5 billion from the victim H.
On December 10, 2013 upon the request of the above G, the victim H had the Defendant’s office located in Jongno-gu Seoul Jongno-gu Seoul, deliver KRW 1 billion to the Defendant A through his agent J. The conditions of storage were that F would pay the money in custody to the Defendant B after the agreement between J, K and 3 when the contract to purchase the Lone Star building owned by the Busan Scco Construction from the Scco Construction was completed.
Accordingly, Defendant A received KRW 1 billion from J over several occasions from December 10, 2013 to December 24, 2013, and kept Defendant A, but did not conclude a contract with F and Masco Construction and thus returned the money in custody to J, and Defendant B was well aware of this process.
(2) On December 27, 2013, Defendant A voluntarily delivered KRW 50 million out of the above KRW 600 million to Defendant B, upon Defendant B’s request, around the same day, at the time of the first instance trial of Seoul Seocho-gu, the fact that there was no contract between F and Posco Construction, while Defendant A received KRW 600 million from the J and kept for the victim H, and Defendant A did not conclude a trade agreement between F and Posco Construction.
Ultimately, the Defendants conspired and embezzled the victim H-owned property held by Defendant A.
【Preliminary Facts constituting the Defendant A’s charges” as above from J on December 27, 2013.