횡령
The defendant is innocent. The summary of this judgment shall be notified publicly.
A person who was an employee of C Co., Ltd., and the victim D is a person operating a F Co., Ltd. in E in Chungcheong City.
C Around May 201, the Defendant, who was equipped with the said FF farming association storage facilities, and had a claim equivalent to KRW 60 million against the victim, was in possession of the victim, by exercising the right of retention, on the basis of the said claim, from December 20, 201 to December 20, 201.
On June 29, 2012, the Defendant exercised the right of retention and sold sanitary equipment equivalent to KRW 12,360,000 on June 29, 2012, at the victim’s reported price (e.g., 1 set, 1 set-off, 1 set-off, 1 set-off, 2 set-off, 2 set-off, 2 set-off disinfection, 2 set-off disinfection, 2 set-up, smoking-dried and drying-up, 2 set-off, 1 set-off, and 1 set-off, etc. of self-employed disinfection equipment) to the above FF agricultural partnership, without the victim’s permission, while possessing the above freezing-water storage facilities owned by the victim. < Amended by Act No. 11448, Oct. 14, 2012; Act No. 11500, Oct. 14, 2012>
As a result, the Defendant embezzled the storage facilities with a freezing storage in the aggregate of the market prices owned by the victim.
On September 28, 2011, FF farming association (hereinafter referred to as "F") and C Co., Ltd. drafted a lien performance memorandum concerning buildings E in Chungcheong City, with the proceeds of installation works, such as freezing, as a collateral obligation.
On January 17, 2012, between the Defendant and F, the Notarial Deed for Repayment of Obligations by Transfer (Quasi-Loan for Consumption) was prepared. The said Notarial Deed is written by the obligee as of June 29, 2012. The said Notarial Deed is written by the obligee as of June 29, 2012. The investigation records of the instant Articles were 79 through 83, 183 through 195, to be transferred to the Defendant by means of possession revision for the purpose of security.