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(영문) 대구지방법원 김천지원 2013.05.16 2013고단142

업무상횡령

Text

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

Reasons

1. The summary of the facts charged - "2013 Go-Ma142" and "2013 Go-Ma184" were a corporation established for the purpose of real estate rental management, etc., and Eul was leased from the Korea Railroad Corporation in the Gumi-si around November 2007, and Defendant B was the representative director of the above company from June 2008 to February 14, 2012, and the general director of the above company from February 15, 2012 to February 14, 2012. Defendant A was working as the president of the above company from June 2008 to February 14, 2012, and the representative director from February 15, 2012 to February 15, 2012, the Defendants were in charge of the above company's business and funds.

On November 2007, the Defendants entered into a lease agreement with the Korea Railroad Corporation on commercial facilities of the above G station and operated the total water rate used in commercial facilities in the history by the Korea Railroad Corporation in advance at the time of the Gu and the Gu Railroad Corporation after receiving the water rate from the shop occupants for the use of commercial facilities.

Nevertheless, from June 2009 to August 2012, the Defendants received a total of KRW 45,956,271 from the occupants of G station buildings in the above G station from the victims of G station buildings in violation of their duties during the above period, and used them as operating expenses, etc. of the above company at will without paying them to the Korea Railroad Corporation.

Accordingly, the Defendants conspired and embezzled property.

2. It was true that the defendants' assertion of the defendants and the defense counsel received water rates from commercial occupants as shown in the attached list of crimes, and did not pay them to the Korea Railroad Corporation, but this is merely a problem of the settlement of water rates between the corporation E (hereinafter referred to as "E") and the Korea Railroad Corporation.